Manhattan DWI lawyer Russ Kofman (https://www.lebedinkofman.com/do-laws-address-bac-levels-below-0-8/) of Lebedin Kofman LLP has published a comprehensive article addressing the complexities of blood alcohol content (BAC) levels below the legal limit of 0.08. This insightful piece sheds light on the often-misunderstood area of DWI law, focusing on the legal implications of BAC readings between 0.05 and 0.07 and how they are handled within the legal system.
Understanding the nuances of these BAC levels is crucial, as they can still result in significant legal consequences. In this detailed article, the Manhattan DWI lawyer elaborates on the potential violations and penalties that drivers with a BAC in this range may face. The article is a must-read for anyone seeking clarity on this topic and serves as a resource for those who may find themselves navigating the legal landscape after a DWI charge.
“Many drivers are unaware of the fact that they can face charges even with a BAC below 0.08,” stated the Manhattan DWI lawyer. “It’s crucial that the public understands the law and their rights, as even a BAC between 0.05 and 0.07 can lead to an infraction for driving while ability impaired.”
The article provides an in-depth look at the legal BAC limit in New York State, emphasizing that a BAC over 0.05 percent can serve as evidence of impairment and possibly result in arrest. Kofman points out that officers do not solely depend on chemical testing for evidence but also consider behavioral observations and driving ability. As the Manhattan DWI lawyer explains, these observations can factor heavily in the legal process and potential penalties, such as license suspension or revocation.
Kofman also touches on the heightened risks for commercial drivers and those under 21, who are subject to stricter BAC limits and penalties under the Zero Tolerance Law. The article highlights the severe consequences of Aggravated DWI charges, which apply to BAC levels of 0.18 percent or higher.
Additionally, Kofman discusses the common scenario where an admission of drinking can lead to an arrest, even with a low BAC reading. “An officer’s concern for public safety often leads to arrests in cases where the BAC is below the limit, especially if the driver exhibits signs of impairment,” Kofman explains.
The article also provides valuable insights into the number of drinks it might take to reach a BAC of 0.08, taking into account variables such as the type of alcoholic beverage and individual factors. Kofman cautions about the variability in alcohol content, especially with craft beers, and stresses the importance of understanding personal alcohol tolerance.
Moreover, Kofman offers critical advice regarding drug testing, addressing common misconceptions about marijuana detection in the body and the consequences of test refusal. He underscores the importance of never making admissions to officers about drug or alcohol consumption and the right to speak with an attorney.
The article is a testament to the firm’s commitment to informing the public and providing robust legal representation. Those charged with a DWI in Manhattan are encouraged to seek the guidance of the dedicated lawyers at Lebedin Kofman LLP to navigate the complex issues surrounding BAC-related offenses.
For individuals facing DWI charges, understanding the legal parameters and obtaining skilled legal representation is crucial. The article serves as an educational tool and a starting point for those in need of legal assistance.
About Lebedin Kofman LLP:
Lebedin Kofman LLP is a New York-based law firm that prides itself on its dedication to defending the rights of individuals facing DWI charges. The firm possesses a deep understanding of the legal system and is committed to providing clients with comprehensive legal advice and representation. With a focus on DWI law, the firm is steadfast in its mission to advocate for clients and achieve favorable outcomes in their cases.
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