Miller Place DWI Lawyers

Barbera & McElhone: Driving while intoxicated (DWI)is covered under the New York State Vehicle and Traffic Law Section 1192.1 through 1192.4. The first section states: that no person shall operate a vehicle when their ability to operate a vehicle is impaired by the consumption of alcohol. Previous language in this Statute used to put driving while impaired in the .05 to .09 of one per cent blood alcohol level, but is now considered in the .05 to .07 blood alcohol level. While driving while impaired can land you a $500.00 fine and a 90 day suspension, it is not a “crime” but instead a traffic infraction. Driving while intoxicated can be charged under either (or often times both) VTL1992.2 or 1192.3. The first Statute makes it a misdemeanor to drive with a blood alcohol level of .08. While the second Statute is much more general and is proven by the observations of a police officer. Refusal of the blood test to determine blood alcohol level, can be used as evidence against you in a driving while intoxicated charge. VTL Section 1192.4 makes it illegal to drive while your ability is impaired by the use of drugs. Proof under this section can be from observations made by the police officer, admissions made by the motorist, evidence of drugs found on the motorist or in the vehicle, and evidence from breath, blood, or urine tests.