If you drink alcohol then drive a car, it does not necessarily mean you are breaking the law. In New York and all other states, a determining factor lies in the amount of your blood alcohol content at the time. This is usually measured through blood or urine samples taken as part of DUI investigations. Every person is presumed innocent and is guaranteed the opportunity to present a DUI defense if charges are filed.
In short, just because you have a glass of wine or a beer at a social gathering doesn't mean you are committing DUI if you later get behind the wheel of a car to drive. As a conscientious driver, you'd likely pay close attention to the effects alcohol has on you since it impacts every person a bit differently. This means one drink may, in fact, be too much for you to coherently and safely operate a motor vehicle if you happen to be a person who experiences impairment with minimal amounts of alcohol in your bloodstream.
Concerning police traffic stops, however, it's possible to get pulled over and face DUI allegations without having consumed any alcohol at all. Even a Breathalyzer device can produce inaccurate results, such as detecting alcohol on your breath that was present due to mouthwash or medication you took that contained alcohol as a main ingredient. If you wind up facing DUI charges, you'll want to be prepared with a strong defense regardless of the details that led to your arrest.
The Law Offices of Joseph J. Tock offer free consultation and experienced guidance to those facing DUI charges in New York. We have successfully defended thousands and are committed to striving for an optimum client outcome in every case. Whether it is your first DUI defense or you've been down this road before, we are dedicated to protecting your rights and pointing you in a direction that best fits your particular situation.