BAC is a measurement of the percentage of ethyl alcohol present in the blood stream. A BAC of .10% means that the blood contains one part of alcohol for every 1000 parts of blood.
The common law legal definition of "intoxication" in the State of New York is that the driver "voluntary consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver" (People v. Cruz, 48 N.Y.2d. 419 (1979). The same applies with respect to drugs whether they be illegal drugs, or prescription drugs. When a driver is arrested for DWI and takes a chemical test, he is generally prosecuted on two separate theories. The first being the common law, and the second being DWI per se, that is, driving with a Blood Alcohol Content (BAC) of .08 or more. If a driver in Buffalo NY has a BAC of .18 or more, the driver may be charged with "Aggravated DWI"
The common law legal definition of "impairment" in the State of New York is that a driver is deemed impaired when the voluntary consumption of alcohol has "actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver" (People v. Cruz, 48 N.Y.2d. 419 (1979). Keep in mind that the above definition applies to what is the common law definition of DWAI (Driving While Ability Impaired), and you can also be prosecuted for DWAI per se as well (between 05 and .07 BAC). Again, The same rules apply with respect to drugs whether they be illegal drugs, or prescription drugs
New York also has a zero tolerance law for drunk driving among younger motorists. Drivers who are under 21 and have a BAC of .02 or higher, or exhibit signs of common law DWI or DWAI are in violation.
Call Stephen K. Underwood, Esq.
or get started with a complimentary case evaluation.