New York State frowns upon driving while intoxicated and has very detailed laws that impose serious consequences for drunk driving. If you or your loved on has been charged with DWI it is very important that you contact our 24 hour DWI emergency hotline immediately at (866) 213-1933 so that we can protect his or her rights and help preserve their freedom.
New York law defines DWI / DUI as follows:
§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs.
- Driving while ability impaired. No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol.
- 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 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.
Its important to note that New York State’s blood alcohol content (BAC) limit is .08 percent, which is the same as other state laws.
New York Aggravated DWI / DUI
New York punishes those who drive a vehicle when they are intoxicated with a BAC above a certain limit (.18 percent) with what is known as New York’s aggravated DWI / DUI law:
2-a. Aggravated driving while intoxicated; per se.
No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person’s blood as shown by 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.
Additional New York DWI / DUI Laws
Although the laws shown above give a certain BAC measurement to establish guilt of DWI / DUI, New York law also has the following catch-all provisions for those who are impaired regardless of BAC or who are under the influence of drugs:
- Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition.
- Driving while ability impaired by drugs. No person shall operate a motor vehicle while the person’s ability to operate such a motor vehicle is impaired by the use of a drug as defined in this chapter.
- Driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs.
If you would like to learn how these laws apply to your specific case, you can set up a criminal defense consultation by contacting us at (866) 213-1933.
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