Can I get arrested with a BAC below the legal limit?
Everyone who drinks alcohol has likely, at some point, driven a vehicle with at least trace readings of alcohol in their bloodstream. Many of us have driven when we have had too much and have been lucky enough to not get caught. Sometimes, even if your driving does nothing to indicate you have been drinking, you may come upon a situation where your sobriety is tested.
It is not uncommon in New York for law enforcement to set up driver checkpoints in order to maintain safety on the streets and catch anyone potentially operating a vehicle under the influence of alcohol. If a driver fails the test or refuses the test, an arrest is likely to be imminent.
In a situation where your blood alcohol content reads a percentage that is below the maximum legal limit, you could still be in trouble. An officer can make an arrest on the grounds of a DWAI/Alcohol, or a Driving While Ability Impaired by Alcohol. Even though you may still be arrested for this offense, commonly referred to as a “wet reckless,” penalties are less severe.
It is wise to maintain innocence throughout the process. Any admission of guilt is almost a guarantee that you will be arrested and face further penalty. A New York DWI attorney may be able to quickly come to your aid and let you know the best steps to take to move forward and minimize or eliminate the charges against you. You don’t have to feel ashamed, or that somehow, from yesterday to today you are different from your colleagues. More people have likely had brushes with the law on alcohol-related charges and the very fact that you were unaware is a testament to the merit of a good DWI attorney.
Neil S. Ruskin
188 Montague Street Suite 900
Brooklyn, NY 11201
Local: (718) 237-1547