Westchester County DWI Defense Attorneys

  Basics of the BAC
If you are charged with Driving While Intoxicated or DWI, there is a good chance that the arresting officer obtained a sample of your Blood Alcohol Content (BAC) level.  In very basic terms, your BAC measures the amount of alcohol in your blood and helps the prosecution determine what charges are levied against you.


Typically, your public defender will receive a copy of your BAC at the arraignment.  The BAC results are very important to defending your case and only an experienced DWI lawyer can attack the results and give you the best fighting chance possible.  At Joseph P. Villanueva, Attorneys At Law we have extensive experience handling DWI cases.  Call us now to set up your confidential consultation at 914-723-7900.

In general BAC result can result in the following charges:

• A BAC result of .02% to .07% by a driver under the age of 21 can result in a loss of your license under New York’s Zero Tolerance Law.
• A BAC result of .05% or less is “prima facie” evidence (appearing at first glance) that you were not driving while impaired or intoxicated.
• A BAC result of over .05% but less than .07% is “prima facie” evidence that you were not intoxicated. In other words, this is evidence that you were driving while your ability to do so was impaired.  Typically, you cannot be charged with driving while intoxicated.
• A BAC of .08% or greater is Driving While Intoxicated “per se.”  This means the prosecution can possibly charge you under VTL 1192.1, VTL 1192.2, or 1192.3.
• A BAC of .18% will result in the District Attorney’s Office being able to charge you under VTL 1192.4 also known as Aggravated Driving While Intoxicated. A charge under this section will severely limit the prosecutor’s discretion in how your matter is resolved.

There are many other factors considered while defending and prosecuting a DWI matter.  To learn more and find out how we can help defend you, call Joseph P. Villanueva, Attorneys At Law today at 914-723-7900 to arrange for your confidential consultation.

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