Manhattan DWI lawyer Russ Kofman and Arthur Lebedin release a new article (https://www.lebedinkofman.com/do-laws-address-bac-levels-below-0-8/) discussing the laws surrounding BAC levels below 0.08 and whether is it legal to drive with a BAC below 0.08. The lawyers mention in their article that a blood alcohol content (BAC) reading between 0.00 and 0.04 is not illegal to drive in. However, a BAC of between 0.05 and 0.07 will be considered an infraction of driving while ability impaired.
According to the article from the Manhattan DWI lawyer, “Police officers often believe a person is impaired if they make an admission that they had been drinking. They will then place the person under arrest, even though they maybe had a very low reading on the initial Breathalyzer or Alco-Sensor when they were pulled over. The police officer can place the person under arrest for a common law DWI.”
Attorney Russ Kofman states that an officer may place a person under investigation even if they have a BAC reading below the legal limit. This is because the officer does not want to give DWI offenders a free pass. If the person seems intoxicated, and their readings are still low at the time they arrive at the precincts, an officer may ask them to perform a urine test.
DWI lawyer Arthur Lebedin says that the officer could conclude that the intoxication may be due to drugs. This can lead to additional problems as a urine sample may be taken and the results could support an arrest.
According to the article, some people believe that marijuana can remain in their system for up to two weeks. A person may refuse to submit to a urine test if they believe that the result will be positive.
“If they did not smoke marijuana that day, but may have had one or two drinks so they were not intoxicated or impaired, they would end up with a full-blown misdemeanor case where they would be charged with refusing to take a test. They generally end up with their license suspended at the arraignment and they will face misdemeanor charges,” the lawyers say in the article.
Lastly, attorney Kofman emphasizes the importance of having a skilled lawyer when facing charges of DWI. An experienced lawyer may be able to help the defendant understand their rights and protect their freedom.
About Lebedin Kofman LLP
Russ Kofman and Arthur Lebedin are seasoned, aggressive litigators handling cases in both the state and federal courts. Together, they manage the Lebedin Kofman Law firm. They handle civil rights cases as well as family law, high-net-worth divorce, and highly contested custody cases. Attorney Kofman and attorney Lebedin believe in their clients and work hard to fight for their rights and help them receive the best possible outcome for each of their cases. Call today to speak with an experienced attorney: (646) 663-4430.
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