DRIVING WHILE INTOXICATED OR IMPAIRED - CRIMINAL


     Criminal

The applicable law for what is customarily called D.W.I., is embodied in the Vehicle and Traffic Law,  
section  1192.  Operating a motor vehicle while under the influence of alcohol or drugs

 Vehicle and Traffic Law section 1192 (1) is the provision for driving while impaired which states that: “No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol”  Which means a blood alcohol level of between .05 and up to but not including .08.  This section is a violation and not considered a crime in New York. A conviction for driving while impaired, which is a violation, will result in a fine, and a mandatory driver’s license suspension for 90 days along with other mandates of the Court.
 
Vehicle and Traffic Law section 1192 (2) is the provision for driving while intoxicated which states that: “No person shall operate a motor vehicle while such person has  .08 of one per centum or more by weight of alcohol in the person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article”.  This section is a crime under the law of the State of New York. A conviction for driving while intoxicated, which is a crime, will result in a fine, either a conditional discharge or probation and a mandatory driver’s license revocation for 6 months, along with other conditions of the Court.

Vehicle and Traffic Law section 1192 (2a) is the provision for Aggravated driving while intoxicated, which states that “No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article”.  This also is a crime in the State of New York.  A conviction under this section will result in a criminal record as well as a driving  interlock device- meaning a device that you must breath into before the vehicle can be started.

A second driving while intoxicated conviction within 10 years will be charged as a Felony and has much greater criminal ramifications.

As you can see all these sections have great penalties and you should have an experienced attorney representing you in these matters from arrest to trial.

 This is not legal advice and should not be viewed as such.  No advice is given until there has been an actual consultation with the attorney.  The statements herein are not advice and no one should act according to such until they have obtained the oral advice of an attorney with regards to these and all legal matters.