The standard blood alcohol content limit that drivers need to be aware of in the United States is 0.08%. It is the marker at which the police can automatically charge someone with a DWI, based on that figure alone.
If a blood alcohol test results come back at 0.08% or higher, then that is all the evidence the court needs to decide that a driver was legally too intoxicated to drive, regardless of any other factor. Even if the person was driving impeccably, without making any errors, it does not matter, as they have broken what is called the “per se” limit that makes it illegal to drive.
Some drivers face a lower legal limit
Some drivers do not have the luxury of getting anywhere near a 0.08% BAC. They can automatically be charged with DWI based on their blood alcohol level at a much lower legal limit. In particular, this rule affects:
- Commercial drivers: The maximum legal limit for a commercial driver is 0.04%. Note, however, this is only the limit when they are driving on their commercial licence. If they are driving a non-commercial vehicle, then they’d be subject to the 0.08% BAC limit like everyone else.
- Drivers under 21: It’s not legal to drink alcohol until you turn 21 in New York, so the legal maximum BAC limit for anyone under 21 is lower than for other people at 0.02% BAC.
It’s important to be aware of the limit that applies to you, but even more important to understand that impaired driving charges are still possible even if you are under those limits and that any amount of alcohol will affect your safety. If you have made a mistake and been charged by the police, remember that there may still be defense options available.