The laws defining crimes and procedures in New York are complicated…
Most Fridays, we will post a #fridayfacts…
Impaired vs. Intoxicated:
- Impaired = abilities to drive as a reasonable/prudent driver are actually impaired to any extent by alcohol.
- Intoxicated = incapable to a substantial extent of using those abilities.
BAC presumptions (NY):
- .07 → presumed Impaired.
- .08+ → presumed Intoxicated.
- .18+ → Aggravated DWI.
Presumptions are rebuttable, but penalties escalate—especially for repeat offenders.