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.