NBC Sports announcer Al Michaels was arrested over the weekend in Santa Monica, California on suspicion of drunken driving on Friday, April 19, 2013.Santa Monica police Sgt. Richard Lewis said the incident took place approximately 9:30 pm when officers allegedly saw Michaels make an illegal U-turn. The officers may have been set up at a DWI CHECKPOINT. Michaels, the play-by-play man for “Sunday Night Football,” was taken into custody. He consented to take the breathalyzer, and is alleged to have registered a blood alcohol level (BAC) over the .08 percent legal limit, according to Sgt. Lewis. How high over the legal limit was not stated. Also, it was not stated whether field sobriety tests were performed on the 68 year old broadcaster who announced ‘Do you believe in miracles?’ in the 1980 Winter Olympics.In Queens, NY, the legal limit is the same, that is, .08 BAC. Anything from a .08 and higher, up to, but below a .18 BAC, is considered a Driving While Intoxicated, an unclassified misdemeanor, leaving a person convicted of same with a criminal record. A .18 or higher BAC is considered an Aggravated Driving While Intoxicated (ADWI) , also a misdemeanor crime but carries harsher penalties, fines and suspensions. However, do not be fooled, you can be arrested for registering lower than a .08 BAC in Queens NY, or any other county or part of New York State. In New York, if you register a .05 up to, but not greater than .08 BAC, that is considered a Driving While Impaired by Alcohol (DWAI) which is a traffic infraction, and not a crime. With a DWAI in Queens, the sentences are much lighter when it comes to penalties, suspensions and fines.Going back to the Michael’s story, he was booked for suspicion of Driving under the influence of Alcohol (DUI), another way of saying DWI in other jurisdictions, and held for about five hours before being released on his own recognizance. Michaels was ordered to appear in court June 26, in the Los Angeles Municipal Court. No doubt he will appear with an experienced Criminal DWI Lawyer to challenge his stop, arrest and the results of the Breathalyzer.If you, or a loved one has been arrested and charged with DWI, DUI, or DWAI in Queens NY, or any other county in NYC, Nassau or Suffolk, you can contact me, Luke Scardigno, a QUEENS DWI LAWYER at 718 414-6186, or by email at [email protected] for a free and informative consultation on the Drunk Driving Laws of New York.
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