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What If My Blood Alcohol Level Wasn’t That High?

Interviewer: What about the people who are in the level of below .08? It is a DWAI, is that right?

Attorney: That’s correct. The DWAI, .06, .07, again, we’re talking about everybody whose over the age of 21 because that’s the legal drinking age in New York. Those are the levels that are driving while ability impaired and, of course, those cases, although they are traffic violations, we see people do the same thing. They figure, oh it’s just a traffic violation, it’s not going to give me a criminal record. I can just plead guilty to this and, of course there are other issues that come along with that that they didn’t think about.

Although, they’re not going to go to jail and they’re not going to be on probation. They will have to pay a fine, there is no interlock device required, but there’s a loss of license for 90 days. If the insurance company finds that there is even an ability impaired reading, the insurance company may, if it wants to, change your rates.

Attorney: So even though it’s a traffic violation, those cases should be able to be negotiated to a lesser case that involves a non-alcohol disposition. And, again, it comes from having an attorney who has a relationship with the prosecution, has a relationship with the court system and understand what it is and how to defend these cases.