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Constructing the Client’s Defense

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 as the following:

VTL § 1192-1 provides:

“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 provides:

“Driving while intoxicated per se. No person shall operate a motor the 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. (an unclassified misdemeanor)

VTL § 1192-3 provides:

“Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition. (an unclassified misdemeanor) The prosecution must prove each element beyond a reasonable doubt.