Drinking and driving is always a poor choice, but what happens if you’ve had just one or two drinks, get stopped for a minor traffic violation and are asked to take a Breathalyzer test? You’re absolutely sure that your blood alcohol content (BAC) wasn’t that high when...
Michael A. Ferraro, Esq., P.C.
DWI defense
No tolerance laws mean one drink could be too much
If you’re under 21 years of age, you know that you’re not legally allowed to consume alcohol. Naturally, though, this may not stop you or you may know plenty of people who drink while below the legal drinking age. It’s very common, though it is illegal. For drivers,...
Is it easier for police to charge you with a DWI in a big truck?
Police officers across the state of New York have special training to help them identify those who are driving while intoxicated (DWI). If they spot unusual driving behaviors, they will conduct a traffic stop to screen the driver for chemical impairment. Those in...
Understanding Leandra’s Law’s IID requirement
New York state law requires anyone who is sentenced for DWI or aggravated DWI to have an ignition interlock device (IID) on all of their vehicles if they wish to legally drive. The IID must remain for the period of conditional discharge or probation that’s required...
When can you legally drink in a vehicle in New York?
It is illegal to operate a vehicle after having enough alcohol to affect your ability to drive or to exceed the per se limit for alcohol in your blood. New York also has an open container law that makes it illegal for people to have open bottles of alcohol in their...
How is impaired driving different for commercial drivers?
Anyone who gets behind the wheel after drinking could cause a crash and end up getting arrested. Police officers who notice erratic driving or who respond to a crash may suspect chemical impairment and request chemical testing. Any driver accused of drunk driving...
Mixing medications and alcohol could lead to a DWI
If you’ve spent a night out with friends and notice you feel more intoxicated than usual, one thing to ask yourself is if you’ve had a medication today that you don’t normally take. Perhaps you are using an antihistamine or you’re taking a new pain medication....
You can still get a drunk driving ticket below the 0.08% BAC limit
You might think that you can have one drink, or two drinks, especially with a meal, and still be fine to drive. There are many reasons this way of thinking can be problematic. Not least because it is an inexact science, and everyone’s body processes alcohol...
Have ride-hailing services reduced the number of drunk driving incidents?
Most drivers know that they shouldn’t ever operate a motor vehicle if they’re drinking alcohol. In the past, some really didn’t have options to get home if they started drinking when they didn’t expect to. Now, people can opt to use ride-hailing to avoid driving after...
How drunk is “too drunk to drive” in New York?
Like in every other state, it’s illegal in New York to drive with a blood alcohol content (BAC) of .08% or higher. If you do, a chemical test can hand the prosecutor the evidence they need to make their case against you. But what if your BAC was less than .08? An...