Determining Impairment

Determining Impairment

We all make mistakes and one mistake shouldn’t ruin the rest of your life. If you were arrested for drinking and driving, you might be scared and maybe even mad. Here are the guidelines police generally follow when determining impairment.

Determining Impairment | BAC Levels

If the police in New York believe that your driving ability is impaired, and you are found to be under the influence of prescription or illegal drugs or alcohol, you may be charged with driving while impaired by drugs. It is imperative to have a dedicated DWI Attorney in your corner.  These are serious charges that carry serious DWI penalties, In the state of New York, the following blood alcohol contents (BACs) result in a DWI:

• 02 for ages under 21
• 08 for ages 21 and older
• 04 for commercial drivers

Challenging a DWI in New York can be difficult and requires an experienced Buffalo DWI Attorney to prove that an error occurred during your arrest or alcohol testing. Your DWI case is thoroughly examined to ensure that your constitutional rights have not been violated.

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Determining Impairment | Types of Challenges

Possible types of challenges include the following:

• The validity of the stop: A possible error that can be made is when the police officer is lacking probable cause for making the stop.
• The qualifications of the person conducting the test: The person conducting the test or operating the machine must be certified or qualified in accordance with the law of the state. The testing can be ruled invalid if any discrepancy is discovered.
• The accuracy of the evidence presented: Conducting a thorough investigation of the arrest report and data gathered, including breath tests and blood work. It is easy for labs to make errors that affect data.

If you questions about determining impairment and if you were rightfully arrested, please call our Buffalo DWI lawyer today for a free consultation. Arthur Pressman will fight for your justice. Don’t hesitate to get in touch.

Arthur L. Pressman, Esq.

Attorney Miami School of Law, National College for DUI Defense, New York State Bar

About Latest Posts Awards/Certifications

Arthur Pressman focuses his practice in the areas of DWI, traffic law and criminal defense. Arthur is a 1982 graduate of the State University of New York at Albany. He earned his law degree from the University of Miami School of Law in 1985 and practiced with the law firm of Heller & Rubin in Miami, Florida from 1986 to 1988. In 1988, Arthur relocated to Buffalo, where he opened his own practice where he has continued to defend those accused of crimes in the Buffalo and Niagara Falls, New York area.

Areas of Expertise: DWI Penalties, Traffic Violations, Speeding Tickets, Leaving the Scene of an Accident, Driving Without Insurance, Reckless Driving, Traffic Tickets, Out-of-State Drivers, Criminal Defense, Probation Violation, Drug Crimes, Domestic Violence, Assault and Battery

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