The BAC (blood alcohol concentration) is .08% in New York State. If a driver is caught driving under the influence of alcohol, the driver will be arrested for DWI (driving while intoxicated). Receiving a DWI is considered a misdemeanor.
A person driving while impaired can also be arrested. DWAI (driving while ability impaired) BAC of .05% up to .07% is considered a traffic infraction.
In New York State getting arrested for drunk driving cannot be reduced to a non-alcohol violation. It's very rare that a prosecuting attorney can show there is not enough evidence when a chemical test is used in court. A chemical test is known as a Breathalyzer test. Once the test results show that you are over the legal limit of BAC it's not probable that you can get the charge decreased.
Keep in mind that driving is a privilege not a right.
When a person receives a drivers license the driver is consenting to a chemical test of breath for determining the alcohol concentration within the blood or breath. This is known as implied consent.
If a driver is pulled over and a police officer requests they take a Breathalyzer test and the driver refuses the drivers license is taken away immediately.
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