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What is considered a DUI?

It is well-known that you cannot drive under the influence of alcohol, but do you really know when you could be charged with a DUI? There are many situations where you could end up with this charge even if you do not think you have drunk much or you have drunk nothing at all. According to the New York Department of Motor Vehicles, a DUI charge may be levied against you if you drink only a couple servings of alcohol. It all depends on the situation  and its factors as to whether you will get charged.

The legal blood alcohol limit in the state is .08 percent. This is the point at which you can be charged with an offense. Your BAC is based on a few factors. Obviously, the more you drink, the higher it will be. However, how much you can drink and still be under the limit depends on the type of alcohol you are drinking, your body weight and how long you have been drinking.

Here's a look at how that might work. A person who weighs more can drink more without raising their BAC. One serving of different types of drinks varies in size, so having a large glass of wine could have more alcohol than a can of beer even if you drink the same amount of each. Your body metabolizes alcohol over time, so if you are drinking over a period of hours, some of the alcohol you consume will be used up by your body. This information is for education and is not legal advice.



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Hall, Ricketts, Schuller & Gurbacki, P.C.
471 Main Street
East Aurora, NY 14052

Phone: 716-243-3515
Fax: 716-652-2058
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