I have an extremely low alcohol tolerance and am curious what could happen if caught driving.

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I have an extremely low alcohol tolerance and am curious what could happen if caught driving.

NY – I have a very low tolerance for alcohol. I can easily feel the effects after 1/2 of a drink and well within 2 I’m visibly drunk- yet am well below the legal limits for a 160lb male.While I don’t drive (or intend to drive) after drinking, I’ve always wondered what would happen when someone fails (or comes very close to failing) the roadside sobriety tests and yet only blows a .01 BAC and comes back clean on any tox screening.

Asked on May 5, 2009 under Criminal Law, New York

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I'm glad to hear that you are smart enough not to drive when you have been drinking.  It's the right decision, not just for people like you who are exceptionally sensitive to alcohol, but for all of us.

In New York, there are separately defined offenses, under the law, for "driving while impaired" and "driving while intoxicated," in addition to the newer charges that rely on a particular BAC (blood alcohol content).  So, you could be found guilty of one or the other, even with a .01.


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