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New York DWI laws (also known elsewhere as “DUI” laws), can be prosecuted under two different legal theories. Under the first one, a person can be prosecuted for violating the “per se” law, which is based on the alcohol content in the blood at the time that the motorist was driving. In New York State, a person will be accused of violating the “per se” DWI law if he or she drives with a blood alcohol content (“BAC”) of .08% or higher. Under the second theory, a person can be prosecuted under the traditional “common law” if, based on all of the evidence gathered in the course of the investigation and arrest, the investigating officer feels that driver was “intoxicated.”


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