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What are the different drug and alcohol moving violations?

Driving while under the influence of drugs or alcohol will likely get you pulled over in the state of New York. The state has multiple laws pertaining to driving under the influence. It is a good idea to understand them because many DUI convictions are due to a person being unaware of the laws.

According to the Department of Motor Vehicles, a common issue is refusing to take a chemical test. When you are pulled over, you may be asked to breath into a device to check the level of alcohol in your system. If you refuse, it is violation of the law and you may face penalties and even get arrested. This also include refusing urine or blood testing.

Another law to be aware of is the zero tolerance law, which applies to those drivers under the age of 21. If a driver is intoxicated and not of the legal age to buy alcohol, then the limits are stricter than for legal adults. An underage driver cannot have a blood alcohol content of more than .02.

Then, there are the standard drunk driving laws or laws for being under the influence of any substance. These depend on the substance and the level of the substance in your system. Since it is difficult to check levels of drugs, if you are suspected of driving under the influence of a drug, you could be charged with driving while ability impaired by a combined influence of drugs or alcohol or driving while ability impaired by a single drug other than alcohol. With alcohol, the charges depend on your BAC. A BAC ranging from .05 to .07 brings charges of driving while ability impaired by alcohol. A BAC over .18 is aggravated driving while intoxicated. A BAC of .08 is driving while intoxicated.

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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