Long Island’s Premier DWI & Criminal Defense Law Firm
Is It Illegal to Drink and Drive in New York?
Unless a person is under 21 years of age, the mere act of driving after consuming alcohol is not illegal in New York.
In fact, New York DWI laws recognize that the average person can consume a certain amount of alcohol without impairing his ability to drive as he should. So much so, that the New York DWI laws provide that proof of .05 or less of blood alcohol content (“BAC”) is a presumption that the driver was not impaired or intoxicated.
Importantly, some people’s driving abilities may be affected by even a small amount of alcohol consumption and, therefore, would be guilty of driving while impaired while others would not. Driving while ability impaired, or DWAI is the law that takes into account the “subjective” tolerance of individuals in determining the ability to drive by that particular person.
Of course, if a driver has .08 blood alcohol content (“BAC”), then he can automatically be charged with DWI in New York.
If you think you are being charged with DWI for drinking and driving in Nassau County or New York, but you weren’t actually intoxicated, contact the Law Office of Richard Hochhauser, PLLC, today!
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