What is the legal blood alcohol concentration limit for a DUI in New York?

It is illegal to operate a vehicle while under the influence (DUI) of drugs or alcohol. Despite it being illegal, many motorists still get behind the wheel while they are intoxicated. In New York, if law enforcement officers have reason to believe you are driving while under the influence of illegal substances such as drugs or alcohol, they are legally entitled to pull you over. A sobriety test will be requested which involves submitting a chemical test whether it be breath, blood, urine, or saliva. It is illegal to refuse a chemical test as you have already given prior consent by getting behind the wheel. In New York, the legal blood alcohol concentration (BAC) limit is 0.08% or greater. Alcohol severely hinders your ability to safely operate a vehicle. If you are charged with an alcohol-related offense such as DUI, you will be subject to significant penalties. To prevent the harsh penalties of DUI, contact a qualified Rockland County DUI Attorney who can help defend your rights. In addition, please continue reading to learn about the legal BAC limit for different groups of people in New York. 

What blood alcohol concentration warrants a DUI conviction?

In New York, you will face a DUI conviction if your BAC is 0.08% or greater. However, according to statistics, if you have a BAC of more than 0.05% it is legal evidence that you are driving while impaired. In addition, if you are operating a vehicle with a BAC of 0.18% or greater it is evidence of aggravated driving while intoxicated. When you submit a chemical test, your BAC level will depend on how much alcohol you’ve consumed, how much time has passed between each drink, what type of alcohol you are consuming, and your weight. As mentioned above, the legal BAC limit for adults is 0.08%. However, if you are under the legal drinking age of 21, if your BAC is 0.02% or greater you will be charged with DUI. This is because New York enforces a zero-tolerance policy which means there is no tolerance for underage drinking. Furthermore, if you have a commercial driver’s license (CDL) the legal BAC limit is 0.04%. Due to the danger large rigs pose on the road, the BAC limit for those with a CDL is lower than for those with a standard license. It is important to never get behind the wheel while intoxicated by drugs or alcohol as you will suffer serious consequences for this reckless driving behavior. In New York, if you are charged with DUI, you will face an array of harsh penalties. Depending on your BAC level and whether this is your first conviction determines the severity of your penalties. Potentially, for alcohol-related offenses such as DUI, you will face hefty fines, probation, license suspension or revocation, and even jail time.

In the unfortunate event that you have been charged with DUI, please don’t hesitate to reach out to one of our skilled and determined attorneys. Our firm is committed to helping defend our client’s rights and interests. With years of experience, we can help you seek a favorable outcome.