When facing a New York drunk driving charge, you will quickly hear several terms which will have particular importance for your case. This article will familiarize you with a few of those terms. First of all, if you were required to take a test of your breath at the scene of your arrest for DWI, this is known as a BST, or breath screening test. Please note that this is distinguished from the Breathalyzer, which is the test of your breath performed at a police precinct. The major distinction is that the BST conducted by the arresting officer at the scene of the stop is not admissible in Court. Thus, if the officer believes he has probable cause to arrest you for Driving while intoxicated based upon the BST, you will then be asked to take a breathalyzer at the precinct.
The Breathalyzer is used to determine your BAC, or blood alcohol content. The results of the Breathalyzer are admissible in Court. In New York, if your BAC is found to be 0.08 percent or above, you are charged with DWI. If your blood alcohol content as tested either by your breath, blood or urine, is determined to be less than .08 percent, you cannot be charged with driving while intoxicated, and may be charged with a New York DWAI, or Driving While Ability Impaired, which the prosecutor will likely charge you with if your BAC is between .05 and .07 percent.
Contact The New York DWI lawyers at the White Plains, New York Law Office Of Mark A. Siesel online or toll free at 888-761-7633 if you are charged with a drunk driving offense in New York for a free consultation to discuss your legal rights and options.