If I Was a .08 BAC, Does That Mean I’m Intoxicated?

No. In New York, it is well established that a person can be intoxicated with a BAC below .08%, and can have a BAC above .08% without being intoxicated. It is important to understand that just because you blow a .08%, does not necessarily mean that you are intoxicated. Additionally, there are many defenses to show that the BAC reading is artificially high.

Importantly, the government must also prove that you were a .08% while you were driving. Experienced DWI lawyers know when your intoxicated was on the rise, and thus argue that when you blew you were a .08, while you were driving, you were actually below a .08 BAC.

If you blew at least a .08% but were not intoxicated, call the New York DWI Lawyers at the Law Office of Richard Hochhauser, PLLC, for a free consultation to discuss your best defense.

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Hempstead, NY 11550

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Garden City, NY 11530

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During what was one of the scariest times of my life, he gave me all of the knowledge and support possible to help me get through it. Not only did I end up getting a...

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Mr. Hochausser worked hard on my behalf.. so hard that he achieved what seemed impossible. He always communicated with me honestly and earnestly, which is rare in any...

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Best Criminal Attorney in New York. Richard explains each detail slowly and carefully so it’s easily understood. He handles each case as if it’s the most important...

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Mr. Hochhauser was incredible. I was consulted immediately after the first call. Richard was easy to keep in touch with and would answer all of my emails, phone calls...

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Richard explained the matters of my case thoroughly and was professional and effective in dealing with the charges I was facing, ultimately getting the docket dismissed...

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Was in a bad spot but Richard Hochhauser got me great results on my DWI case in Nassau County. Highly Recommend!!!

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Can't thank Richard enough. He went aobve and beyond for me. Never had any issues with the law before and he made sure I had no record. Great Criminal Attorney!!!

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Was never really in trouble before. And just googled best criminal attorney near me. Feel so lucky that Richard was the one I called. He really fought for me was very...

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