NYS Violation VTL 1192
Understanding The Impact Of DUI/DWI In New York
In New York, anyone that is suspected of operating a motor vehicle while intoxicated is charged under NYS Violation VTL 1192. Under this law, you cn be charged with Driving With Ability Impaired (DWAI), Driving Under the Influence (DUI), or Driving While Intoxicated (DWI). Additionally, other charges can be levied against you depending on what led to the arrest, including vehicular manslaughter if an accident occurs while you are suspected of one of these violations and a death is the result.
Driving While Ability Impaired
Of the three offenses, this is the lowest charge. This charge generally applies when the blood alcohol content (BAC) o an individual is between .05 and .079. This charge usually is considered a violation and not an actual crime. Penalties for this offense will generally be a fine between $300 and 500. In some instances, a 15 day jail sentence may apply. Repeat offenders may be required to serve jail time and pay the fine as well as lose their driving privileges for a specific period of time.
Driving Under The Influence
This is the most common form of intoxicated driving charge. Individuals with a blood alcohol level of .08 and above will be considered DUI. If it is a first time offense, the charge will be treated as a misdemeanor. Penalties include fines of up to $1,000, up to one year in jail or both. Repeat offenders may be required to pay fines and serve jail time on a mandatory basis. Driver’s licenses are generally suspended for repeat offenders.
Aggravated Driving Under The Influence or Driving While Intoxicated
This is the most serious offense. BAC must be a minimum of .18 percent to qualify for a DWI. Penalties for this offense can include a fine of up to $2,500, one year in jail, and three years of probation or a combination of all three. Driving privileges are revoked when convicted of this charge.
Anyone facing a DUI or DWI charge should also take into account that they are also facing many personal financial burdens in addition to any court imposed fines or fees. Car insurance premiums will double or triple for anyone convicted of these offenses. A conviction may also impact your job or chosen profession, as well as impact our ability to get promoted.
When you are facing this type of charge, it is always in your best interest to seek the services of a DUI / DWI attorney. While it is possible to self-represent in these cases, you will most likely see a better outcome with legal representation.
An attorney can use heir knowledge of the law and their experience with the court system to your advantage. While they cannot guarantee that you will not be convicted, they can increase the chances of avoiding conviction or facing a lesser charge. Being convicted of a DUI or DWI can have a significant impact n your life, and not in a very pleasant way. It is always better to face this situation with a knowledgeable attorney at your side.
Contact DUI / DWI attorney Anthony Sharnov for a free and confidential consultation concerning your case. Call now at 718-521-4909 or make contact with us online.