New York imposes stern laws against anyone who chooses to drive while intoxicated or impaired due to the use of alcohol or controlled substances. The effects of alcohol are attributed to five basic factors. They include the individual’s weight, gender, the amount of alcohol consumed, the duration of time in which the alcohol was consumed, and his or her food intake. State laws, however, enforce the implications of the charges whenever anyone chooses to drive after consumption. Drivers who are arrested and charged are advised to seek counsel through a DWI Attorney in Nassau County NY.
Classification of Charges
DWI charges in the state of New York are not limited to one offense. Extenuating factors may change its classification. The basic classification for a DWI implies that the non-commercial driver registered a blood-alcohol content of 0.08 on a breathalyzer test. Any commercial driver who registers a BAC level of 0.04 is considered intoxicated due to the nature and size of the vehicle. These charges do not imply drug use.
Any blood-alcohol content level that is at least 0.18 or greater is considered aggravated DWI and imposes harsher penalties. Additionally, DWI charges in which a minor child is within the vehicle increases the maximum penalty for the offense. The punishment is based on both the number of prior convictions and reckless-endangerment of a child. Alternately, any offense in which a minor child was presumed to have consumed alcohol or chose to drive under the influence results in an immediate arrest as the state imposes a zero tolerance law.
Driving violations that involved controlled substances are classified in terms of the drug utilized and whether it was used in combination with other drugs or alcohol. Charges in which only one drug caused the impairment are identified as driving while the ability of the driver was impaired by a single drug. Any offense in which more than one controlled substance was used or utilized in addition to alcohol is considered an impairment by a combined influence. Any drivers who were arrested under the suspicion or who were proven, intoxicated or debilitated while driving should call Gregory. R. LaMarca who is a DWI Attorney in Nassau County NY.
