Rochester drivers should be aware that New York State law has several different crimes that fall under the general category of “DWI.” Driving While Intoxicated per se is the DWI offense commonly referred to as Driving Above the Legal Limit or Driving With More Than .08% Blood Alcohol Content.
To be found guilty of Driving While Intoxicated per se, a driver must have taken a blood, breath or urine test indicating that his or her blood alcohol content was greater than .08% when operating a motor vehicle. In most cases, the driver will be asked to submit to a breath test after being stopped. He or she may decline it, but there are serious penalties for refusing to take the test.
In cases involving a serious accident, the police may seek a court order requiring the driver to submit to a blood alcohol test.
All that must be proven to establish this charge is that the defendant was operating a motor vehicle on a public highway and had a blood alcohol content of greater than .08%. Although the police will need a lawful reason for stopping the driver, proof of bad driving is not necessary to obtain a DWI conviction.
If you have been arrested for DWI, protect your legal rights. Call us at 585-484-7432.