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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). (I actually have a case in Ontario County where my client is charged with DWI depite a BAC of just .06%.) Why is this? Why would police charge you with DWI when you were under the legal limit? Because they want you to plea-bargain down to a DWAI instead of a traffic ticket. They purposefully overcharge you.
If you are facing accusations of DWI or any other crime, call The Militello Law Firm for a free telephone consultation and case evaluation. We offer upfront pricing estimates on our website, excellent trial results, and outstanding client reviews. (585) 485-0025