This keeps coming up every few years, and one day soon it may finally happen. Organizations such as MADD have been lobbying for this for years, but it seems like the NYC Department of Transportation has added its voice in urging the state to lower the limit.
A lot of people often think "over the limit, under arrest." While that is true, you can still be charged with violating New York VTL 1192.3 (Operating a MV while intoxicated) even if you blow under a .08 if you seem drunk to the officer. The significance of .08 is that if you blow a .08 or above, then you can be arrested for DWI even if you don't seem drunk. In law, this is called per se intoxication. This is why you should never drink and drive. As much as we at Uriel Criminal Defense PC want your business, we'd rather you make it home safe and sober this holiday season. That said, if you do get arrested, be sure to get an experienced DWI lawyer such as Jacob Uriel of Uriel Criminal Defense PC.
