Manhattan DWI lawyer Russ Kofman (https://www.lebedinkofman.com/do-laws-address-bac-levels-below-0-8/) releases a new article explaining the laws surrounding BAC levels below 0.08 and whether is it legal to drive with a BAC below 0.08. The lawyer mentions that it is not illegal to drive with a blood alcohol content (BAC) reading between 0.00 and 0.04. However, a BAC of between 0.05 and 0.07 will be considered an offense of driving while ability impaired.
The Manhattan DWI lawyer says in the article, “Police officers often believe a person is impaired if they make an admission that they had been drinking. They will then place the person under arrest, even though they maybe had a very low reading on the initial Breathalyzer or Alco-Sensor when they were pulled over. The police officer can place the person under arrest for a common law DWI.”
Attorney Russ Kofman mentions that officers will often place someone under arrest, even if their blood alcohol content is lower than the legal limit. This is because they do not want to make the mistake of letting a DWI offender free. The officer might ask for a urine test if the person appears to be intoxicated or if the reading remains low when they arrive at the precinct.
The DWI attorney says that law enforcement officers may conclude that the intoxication was due to drugs. This conclusion can bring other issues since a urine test may yield results that can substantiate the person's arrest.
In the article, the lawyer mentions “If they did not smoke marijuana that day, but may have had one or two drinks so they were not intoxicated or impaired, they would end up with a full-blown misdemeanor case where they would be charged with refusing to take a test. They generally end up with their license suspended at the arraignment and they will face misdemeanor charges.”
Lastly, attorney Kofman emphasizes the importance of having a skilled lawyer when facing charges of DWI. An experienced lawyer may be able to help the defendant understand their rights and protect their freedom.
About Lebedin Kofman LLP
Russ Kofman and Arthur Lebedin are seasoned, aggressive litigators handling cases in state and federal courts. Together, they manage the Lebedin Kofman Law firm. They handle civil rights cases as well as family law, high-net-worth divorce, and highly contested custody cases. Attorney Kofman and attorney Lebedin believe in their clients and work hard to fight for their rights and help them receive the best possible outcome for each case. Call today to speak with an experienced attorney: (646) 663-4430.
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