Reader’s Question:

I understand that there are gonna be two separate cases that I would have to face after being arrested for drunk driving in Clay, New York. What I don’t understand is why I should be charged two cases when I was only arrested once. Could you explain to me how come they would have to charge me two different cases?

Malik

Clay, NY

After your drunk driving arrest in Clay, New York, the two separate DUI charges you would have to face are being impaired while driving and the other one is having a blood alcohol content above the legal limit of 0.08%. In theory, if we would come to think of it, being legally intoxicated and being impaired require two different kinds of proof.

Regardless of the blood alcohol content, a person’s driving may be impaired if coordination and cognition have been substantially affected because of having alcohol in the system. One great example is administering the field sobriety tests. These tests, as many people claim, are meant to determine a person’s level of impairment. And on the other side of the spectrum, a person may be considered to have been legally intoxicated after the results of a chemical test of blood, breath or urine show a blood alcohol content above the legal limit.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer