Legal Presumptions Associated With Your BAC

Sometimes a tool of a New York prosecutor or that of a New York DWI lawyer, VTL 1195(2) sets forth certain evidentiary values or standards associated with different levels of BAC as follows:

(a) If evidence establishes that your BAC was .05 of one per centum or less by weight of alcohol in your blood, then it is also prima facie evidence that your ability to operate a motor vehicle was not impaired by the consumption of alcohol. Furthermore, .05 BAC or less is also prima facie evidence that you were not in an intoxicated condition.

(b) If the prosecution established beyond a reasonable doubt that your BAC was in excess of .05 of one per centum but less than .07 of one per centum by weight of alcohol in your blood, then it is prima facie evidence that you were not in an intoxicated condition (it is relevant), but "shall not be given prima facie effect, in determining whether [your ability] to operate a motor vehicle was impaired by the consumption of alcohol."

(c) Lastly, if the evidence established that there your BAC was .07 of one per centum or more but less than .08 of one per centum by weight of alcohol in your blood, then it shall also be prima facie evidence that you were not in an intoxicated condition, but "such evidence shall be given prima facie effect in determining whether [your ability] to operate a motor vehicle was impaired by the consumption of alcohol.

The main value of VTL 1195(2) is not relevant in those cases where your BAC is in equal to or in excess of .08 ("Per Se" DWI pursuant to VTL 1192.2) or .18 (Aggravated DWI pursuant to VTL 1192.2-a), but where you are on the cusp between being impaired or "Common Law" intoxicated.

In the event this statute is relevant to your New York DWI arrest or trial, consult with your legal counsel.

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