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DWI Defense Articles

Convictions for DWI and DWAI in New York Require Proof of Operation

Words used in a legal context often have meaning different from the ordinary usage. For example, in New DWI law, a person may be found to "operate" a vehicle even if the car never moved. Or a person sleeping at the wheel of car may have operated that car. The DWI law is complex and it is important to find the right DWI lawyer to defend your case, call A&B.

Driving While Intoxicated (DWI)

New York Vehicle and Traffic Law §1192 defines the the offense of DWI in two different sections: 2. 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 VTL § 1194. Subsection (2) allows the police and prosecution to charge a DWI based on a chemical test.  All drivers in New York have given implied consent to the police to submit...

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Aggravated DWI

New York Vehicle and Traffic Law § 1192 defines the the offense of Aggravated DWI as: (a) 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. (b) With a child. No person shall operate a motor vehicle in violation of subdivision two, three, four or four-a of this section while a child who is fifteen years of age or less is a passenger in...

Ignition interlock device

Any blood alcohol concentration equivalence measuring device which connects to a motor vehicle ignition system and prevents a motor vehicle from being started without first determining through a deep lung breath sample that the operator's equivalent breath alcohol level does not exceed the calibrated setting on the device as required by  VTL section eleven hundred ninety-eight. Ignition Interlock Devices prevent a car from starting without the driver first blowing into the device.  Convictions for misdemeanor and felony DWI require drivers to install an interlock device. The...

Driving While Ability Impaired (DWAI)

New York Vehicle and Traffic Law §1192 defines the the offense of DWAI: 1. 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.

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