NY VTL 1192.1: Driving While Ability Impaired and DWI - what's the Difference?
New York State and New York City have some of the most serious penalties DWI (driving while intoxicated). New York’s DWI (in other states called DUI) laws range from violations and misdemeanors to serious felonies. If convicted of any drunk driving crime found in New York Vehicle and Traffic Law 1192, you will get a lifelong criminal record, increases to insurance premiums, suspension or revocation of your license, thousands of dollars worth of fines, and even the installation of an ignition interlock device on your car, truck or other automobile. If you’ve been arrested for DWI, don’t wait to retain an experienced legal counsel and a New York DWI attorney - call now.
Despite the fact that DWI – Driving While Intoxicated – is a crime in violation of VTL 1192.2 or VTL 1192.3, you can also be charged with a non-criminal offense by itself or as a lesser included offense of one of these crimes. VTL 1192.1, Driving While Ability Impaired, is an infraction - a violation. DWAI means “…[T]hat person’s consumption of alcohol has actually impaired, to any extent, the physical and mental abilities which such person is expected to possess in order to operate a vehicle as a reasonable and prudent driver.”
Unlike VTL 1192.2, the law does not require any particular chemical or physical test to prove that a person’s ability to operate a motor vehicle was impaired (DWAI) by the consumption of alcohol.
The State of New York does NOT require prosecutors to prove a any BAC, or blood alcohol level! However, there are some presumptions associated with VTL 1192 that your DWI lawyer can use in your defense. According to VTL 1195(2)(a), if you register a BAC of .05 or lower, such a reading is prima facie evidence that you were not impaired as a matter of law for DWAI. Further, if you “blow” between a .05 and less than a .07, VTL 1195(2)(b) dictates that you were not intoxicated for the purpose of DWI, but could still be considered impaired for a DWAI. Lastly, but equally important, VTL 1195(2)(c) codifies the standard that if you blow below a .08 that evidence based solely on your blood alcohol level is prima facie confirmation that you were not intoxicated. Above a BAC of .08, however, the real trouble begins.
Although the DWI felonies and misdemeanors in VTL 1192 are not addressed here, keep in mind that even an infraction would be problematic to you career and future. Not only does a DWAI, NY VTL 1192.1, stay on your DMV and criminal record (even though it is not criminal), you can face up to fifteen days in jail, a $500 fine, $250 license assessment for three years and a ninety day suspension of your license.
Whether you are only arrested for and charged with VTL 1192.1, you are standing trial for the lesser offense of Driving While Ability Impaired, or you are charged with any of the misdemeanor or felony DWI crimes in New York, make sure you are prepared with evidence and armed with the ability to confront the allegations. The alternative is a conviction that will follow your driving and criminal record for not merely weeks or years, but for eternity.
Hopefully, this article has explained some of the dangers of DWAI and DWI. With that in mind, I look forward to speaking with anyone and everyone who has read this article and wants to learn more.
Please call 718-625-1777 for a FREE TELEPHONE CONSULTATION!
Matthew Dusenberry is a DWI, Criminal Defense and State and City Store License Defense Lawyer in Brooklyn, New York.
Harry Dusenberry has practiced Criminal Defense and DWI Law in New York City for over 40 years.
Law Office of Dusenberry & Dusenberry, 107 Smith Street, Brooklyn, NY 11201. 718-625-1777.
Web: Dusenberrylaw.com
