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What Is "bac"?

A DWI conviction depends on a test of your Blood Alcohol Content. Unfortunately, often times a person is not even the slightest bit aware of what his or her BAC is prior to stepping into a vehicle. In fact, you may have been completely unaware of your "guilty" condition prior to having your BAC tested. Nonetheless, "intent" to drive drunk is not required for a drunk driving conviction. Still, close cases provide the greatest basis for a successful defense. For example, where 0.8 percent BAC is just within the legal limits and you are found to have 0.9 percent BAC, your attorney may have a strong case when arguing the invalidity of your blood alcohol test. (Also, in a close case, an experienced defense attorney may succeed in negotiating a plea to a lesser offense.)

Other New York Drunk Driving Defense FAQs

Q: What Is Dwi?
A: In New York, the law is getting increasingly more strict with individuals convicted of drunk driving. If you have just been arrested for Driving While Intoxicated … More
Q: What Is The Drunk Driving Law In New York?
A: New York State DWI Law is governed by section 1192 of the Vehicle and Traffic Law. Section 11923 addresses the "common law" theory of DWI based on the police … More
Q: What Are The Penalties For Felony Dwi?
A: A person charged with DWI who has a prior DWI conviction within 10 years faces felony DWI charges which carries a potential maximum jail sentence of up to 4 years.
Q: What Are The Elements Of Dwi?
A: The critical elements of a DWI conviction are as follows: driving or operating a motor vehicle on a road or highway while having a Blood Alcohol Content (BAC) … More
Q: How Is Bac Tested?
A: Your BAC will be tested either through a Breathalyzer test, urine test or direct withdrawal of your blood. Although you may not have the right to dictate the terms of … More
Q: What Is The Difference Between "driving" And "operating"?
A: An experienced attorney will also examine whether it can be argued that you were not "driving" the vehicle prior to your arrest. Some states use the word "driving" in … More
Q: What If I Was Not Driving On A Roadway?
A: Your attorney may also raise the argument that you were not driving a "motorized vehicle" as intended by the applicable laws in your state. For example, although … More
Q: Can I Refuse To Take A Test?
A: There is no constitutional right to refuse a breath or chemical test to determine the level of alcohol in your body. You are deemed to consent just by the act of … More
Q: What If I Refuse To Take A Test?
A: Refusing to take the test has its consequences: your license can be revoked merely for the refusal (even if you're perfectly sober); your refusal may be admissible as … More
Q: Are There Times When I Should Not Take A Test?
A: If you were involved in a serious accident or have prior drunk driving arrests, it may be advisable not to take the test and endure the revocation rather than provide … More