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The Criminal Defendant Handbook

Walk through your arrest, to conviction,
to the appeal process.
Includes a Legal Glossary for Legal Terms
you will need to understand.

This Criminal Defendant Handbook
was created by a Joint Committee of
the Association of the Bar of the City of New York
and the New York County Lawyers' Association

It is offered here as a public service by
Criminal Defense Attorney Estelle Roond
to anyone who finds themselves or a loved one caught up in our legal system.


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Blood Alcohol Content

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DWI Penalties in Sentence Format

Underage DWI Offenders

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BAC - Blood Alcohol Content

 

The definition of blood alcohol content is the concentration of alcohol in a person’s bloodstream, expressed as a percentage. Blood alcohol content or BAC is used to determine whether a person is legally intoxicated, especially under a driving while intoxicated law. In the field of traffic safety, BAC is expressed as the percentage of alcohol in deciliters of blood--for example, 0.10 percent. A 160-pound man, for instance, will have a BAC of approximately 0.04 percent 1 hour after consuming two 12-ounce beers or two other standard drinks on an empty stomach.

Having a BAC above the legal limit of .08% can result in one or more of the following consequences:

  • Vehicle Impoundment
  • Suspension of Vehicle Registration
  • Vehicle Confiscation
  • Vehicle Forfeiture
  • Vehicle Immobilization
  • Special License Plates
  • Ignition Interlock Device

The Driving While Ability Impaired (DWAI) BAC limit for drivers age 21 and older in NY is 0.05 percent. People are affected differently at different BAC levels. For example, a driver's ability to divide attention between two or more sources of visual information can be impaired by BAC's of 0.02 percent or lower. However, impairments usually occur once an individual's BAC level reaches .05 percent or higher. The impairments consistent with this BAC level include:

  • slowed eye movements
  • visual perception
  • reaction time
  • certain types of steering tasks
  • information processing

Research has shown that the risk of a car accident increases significantly as BAC levels increase. When comparing drivers who have not consumed any alcohol, the risk of a single-vehicle fatal accident for drivers with a BAC level between 0.02 and 0.04 percent is approximated to be 1.4 times higher. For those individuals with BAC levels between 0.05 and 0.09 percent, the risk jumps to 11.1 times higher.

There is no cost or obligation for a consultation with NY DWI Attorney Estelle Roond.
For immediate assistance, call 718-596-4800. You can e-mail Estelle@dwilawyer.com,
or click here for our Free DWI Consultation Form to submit to our office.