In working with our office, we want each client to become familiar with the basic statutory elements in a DWI (VTL §1192) charge. The most frequently encountered alcohol-related charges are the following:
VTL §1192-1: Driving While Ability Impaired (DWAI)
"Driving while ability impaired (DWAI). No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol."
DWAI is a violation, not a crime.
VTL §1192-2: Driving While Intoxicated Per Se
"Driving while intoxicated per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the person's blood as shown by a chemical analysis of such person's blood, breath, urine or saliva, made pursuant to the provisions of section eleven hundred ninety-four of this article."
This is an unclassified misdemeanor.
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Call 716.633.0374VTL §1192-3: Driving While Intoxicated
"Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition."
This is an unclassified misdemeanor.
Burden of Proof
The prosecution must prove each element beyond a reasonable doubt.
If you have questions about your case, contact Law Office of Peter J. Todoro, Jr., PC at 716-633-0374.