Why am I charged with two counts of DWI?

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"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!" *****

There are many different ways to be charged with DWI in New York State. You could be charged with Driving While Intoxicated, Driving While Ability Impaired, Aggravated Driving While Intoxicated, Driving While Ability Impaired by Drugs, and the list goes on. Many people who are charged with DWI in New York actually face two charges at the same time:

  • NYS Vehicle and Traffic Law 1192(2) Driving While Intoxicated, per se
  • NYS Vehicle and Traffic Law 1192(2) Driving While Intoxicated, common law

The first law, VTL 1192(2), makes it a criminal offense to drive with a blood alcohol content of .08% or higher. You might be a regular drinker who does not feel the least bit impaired by a few beers, but if your BAC is a .08% or higher, you are going to be charged with DWI under VTL 1192(2).

The second law, VTL 1192(3), makes it a criminal offense to drive while intoxicated. There isn't a specific BAC attached to this section of the law, so even if you blow a .07, you will probably find yourself charged with DWI under VTL 1192(3). Why is this? Why would police charge you with DWI when you were under the legal limit? I won't speak for the police, but I see this happen regularly.

If you are facing accusations of DWI or any other crime, call your lawyer.  If you find yourself in this situation, contact us at The Militello Law Firm for a free telephone consultation and case evaluation. (585) 485-0025

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