Why am I charged with DWI twice?

“I have your back”

"Hiring Adam was the best decision after I was charged with 4 tickets for a DWI. It took Adam just one court appearance to convert all the tickets into a minor DWAI with minimum charges. He always made sure I was relaxed and he would take care of me like a younger brother. I've no words to thank him for what he has done for me!" *****

“Amazing lawyer”

"He is a very professional and well organized individual that will work with you not against you in any situation, and does his best to defend you and your rights in court. I would highly recommend P. Adam Militello for anyone in need of his services he provides." *****

“Mr. Militello is the BEST!”

"Adam is an AWESOME attorney! I never been in trouble with the law and after getting pulled over on the holiday was charged with a DWI. I was scared and terrified. Adam told me, I would be okay and he would fight for me. Which he did. He got my misdemeanor charge down to a traffic infraction of a DWAI. Which is a non criminal charge. I am very thankful and blessed. I'm a healthcare professional and a misdemeanor would have affected my career. He is honest, a good listener, very funny and keeps you updated in regards to your case. He contacts you in reasonable time and works hard on your case. He doesn't mind when you call asking a lot of questions. Also, he is very affordable and will work with. Forget the rest, hire best. Adam is the best." *****

Why am I charged with DWI twice?

P. Adam Militello, Esq.
P. Adam Militello, Esq.

When you are arrested for DWI, there are two primary charges that police often make against you:

VTL 1192(2) Driving with a BAC of .08% or higher; and

VTL 1192(3) Driving While Intoxicated.

If you take a breathalyzer test, you are almost certain to be charged under both sections of the law. Why?

"VTL 1192(2) Driving with a BAC of .08% or higher" means that, whether you are acting drunk or not, you have broken the law by operating a motor vehicle on a public highway with a BAC of above .08%. For some people, .08% doesn't feel drunk, or even "buzzed," but it's against the law.

"VTL 1192(3) Driving While Intoxicated" means that, regardless of what your BAC is, you had consumed enough alcohol to intoxicate you, and it is against the law to drive in that condition.

So, if you refuse a breathalyzer, and if the police officer thinks you are drunk, you will be charged with VTL 1192(3). If the police officer thinks you are drunk, and you take the breathalyzer and blow a .08 or higher, you will be charged with VTL 1192(2) and VTL 1192(3).

So that is why you are charged with DWI twice.

Not too long ago we had a client come in, and she was charged with VTL 1192(3), but there was a breathalyzer test of .07%. In other words, the police officer who could have charged her with the non-criminal offense of DWAI (Driving While Ability Impaired)... the same police officer who said he would "help her out" if she just took the breathalyzer test... that police officer overcharged her. Police officers aren't all bad people, but remember that they are not your friends, and they are not there to help you when you are suspected of committing a crime. Their job is to make arrests.

If you are charged with DWI in Rochester, Geneseo, Batavia or the surrounding areas, feel free to call P. Adam Militello, Esq., at (585) 485-0025 for a free telephone consultation.

The Militello Law Firm
2480 Browncroft Boulevard
Rochester, New York 14625
Phone: (585) 485-0025 Fax: (585) 286-3128