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What happens if your college student is arrested for DWI?

On Behalf of | Mar 10, 2022 | Criminal Defense |

Sending your child to college is a bittersweet time. You are proud of their burgeoning independence but still feel protective over them. So, when they make a mistake or lapse in judgment, it may not only affect their future, but it could affect you as well. One of these mistakes is drunk driving.

DWIs in New York

Under New York law, a person who drives with a blood alcohol content of 0.08 or above can be arrested for driving while intoxicated. However, a person could also be arrested for driving while intoxicated if there is other evidence of intoxication. This could be based on police observations or field sobriety tests, even if the driver’s BAC is less than 0.08.

Effect of alcohol

Most of us know that having a BAC of 0.08 or above makes it unsafe to drive. A motorist with a BAC of 0.08 has difficulty concentrating, can experience short-term memory loss and could have a difficulty controlling the speed of their vehicle. In addition, their perception is impaired, they have difficulty detecting danger and their judgment, self-control and reasoning is impaired. It is easy to see how having a BAC of 0.08 or above could make it dangerous to drive.

However, even having a BAC below 0.08 could make it difficult to drive. A motorist with a BAC of 0.05 is below the legal limit. But they could still find it more difficult to track moving objects, steer their vehicle and respond to emergency situations. Their coordination could be reduced, and their alertness could be impacted. This could lead police to determine the motorist is too intoxicated to drive.

When your college student is arrested for DWI

If your child is above age 18 and is intoxicated while driving, they could be arrested for DUI. This is distressing for everyone involved. Parents are concerned for their child’s future and their adult child could experience the real consequences of losing their driver’s license, losing their financial aid, incurring steep fines and even facing jail time. For these reasons it is important that those accused of DWI do all that is necessary to formulate a strong defense strategy against the charges they face.