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Drunk Driving Archives

Birthday celebration ends in deadly alleged drunk driving crash

Birthdays are usually a time of celebration, but occasionally celebration turns into tragedy. These tragedies are often caused by excessive consumption of alcohol, as sadly demonstrated by a recent collision that killed a Brooklyn woman who was celebrating her 21st birthday. The accident is alleged to have been caused by drunk driving.

Understanding New York's implied consent law

Many New York motorists who are stopped under suspicion of driving while intoxicated wonder if they can refuse a police officer's request to submit to a breath or blood test. The simple answer is "yes," but the refusal to submit to such a test may have other negative consequences.

How do breathalyzers work?

Virtually every state in the union, including New York, defines intoxication as the percentage of alcohol in the blood stream, commonly called the blood alcohol content (BAC). In New York, a BAC in excess of 0.08% means that the person is intoxicated and may be guilty of drunk driving. If a police officer suspects that a driver may be intoxicated, the driver may be asked to submit to a breathalyzer test. The breathalyzer measures the person's BAC by sampling the person's breath. How does such a test reveal the level of alcohol in the person's blood stream.

Breath test device gives faulty readings

Most people in New City do not want to drive while intoxicated. They understand the dangers drunk driving presents and choose not to do it. Therefore, when a product came onto the market that promised to provide consumers with a breath test device that could utilize their cell phone to determine blood-alcohol content, many were eager to get their hands on it. They thought such a product would allow them to test their blood alcohol content level on their own, so they could decide whether to drive after drinking alcohol.

New York's zero-tolerance laws come with stiff penalties

New York, like every other state, has zero-tolerance laws when it comes to underage drunk driving offenses. It is illegal for people under 21-years-old to drink alcohol. If a person under 21-years-old is pulled over on suspicion of drunk driving and has any alcohol in his or her system he or she could be charged with driving under the influence, even if he or she was not intoxicated.

Can breath test results be challenged in New York courts?

Holiday parties are in full swing this time of year -- and that means police in New City will be on high alert for those they believe are driving under the influence. When police pull someone over on suspicion of driving while intoxicated, many times, they will administer a breath test using a Breathalyzer. But, are these tests always accurate?

Field sobriety tests in New York may not always be accurate

Police in New York may be out in force this holiday season on the lookout for intoxicated drivers, but their means of identifying them may not always be accurate. After all, there are three official types of field sobriety tests: the horizontal gaze nystagmus test, the one-leg stand and the walk-and-turn test. But, there is no personal baseline for how an individual driver will be able to complete such tasks. Extenuating factors could exist that could affect how an individual is able to perform a field sobriety test.

Help is available to those accused of DWI this Thanksgiving

Thanksgiving is quickly approaching and likely most residents in New York are planning their holiday activities. This may involve watching the football game, enjoying a holiday meal with family or preparing for "Black Friday" shopping. Oftentimes alcohol is served at Thanksgiving functions, and for the most part, residents of New York will handle their consumption of alcohol appropriately. However, that doesn't mean overzealous police officers won't be on the lookout for those they think are drunk driving.

What are the mechanics behind breath test instruments?

When a driver in New York is pulled over on suspicion of drunk driving, the police may ask the driver to take a breath test, in order to determine what the driver's blood alcohol concentration is. If it is above 0.08 percent, it is above the legal limit and the driver may be charged with driving while intoxicated or DWI. However, it is not unknown for Breathalyzers to be faulty, leading to an incorrect result. New York residents concerned about this may want to learn more about how do Breathalyzers work in the first place.

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