Many DWI defendants in New York may think that they have no chance to successfully fight a conviction if the blood-alcohol evidence indicates guilt. While the existence of incriminating blood or breath evidence can make a case tough, DWI defendants should not give up. There are still viable defense options.
Many New York residents have likely heard that the National Transportation Safety Board issued a pretty controversial recommendation regarding drunk driving laws last week. The federal agency wants all 50 states to lower the legal blood-alcohol content limit to .05 percent--meaning that a man of average weight could possibly be arrested for a DWI after drinking just over three glasses of wine. A 130-pound woman may drink only two glasses of wine before her blood-alcohol content hits .05 percent, according to the New York Times.