FAQ

Question 1

What is Driving While Intoxicated; Per Se under New York law?

Accepted Answer

Driving While Intoxicated; Per Se is defined under Vehicle and Traffic Law (VTL) § 1192.2 in New York. It makes it illegal to operate a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher. This charge focuses solely on the BAC level, regardless of actual driving behavior or impairment.

Question 2

What are the legal consequences of a first-time DWI per se offense in New York?

Accepted Answer

A first-time DWI per se offense is classified as a Class A misdemeanor in New York. Penalties include fines between $500 and $1,000, up to 1 year in jail, and a minimum 6-month license revocation. Additional fees and mandatory alcohol screening may also apply.

Question 3

How can someone be charged with a DWI per se even if they aren't visibly impaired?

Accepted Answer

Under NY VTL § 1192.2, a person can be charged with DWI per se based solely on their BAC being 0.08% or higher. Actual signs of impairment, such as erratic driving or slurred speech, are not required for this charge. The BAC level itself is sufficient for prosecution.

Question 4

What are some possible legal defenses against a DWI per se charge?

Accepted Answer

Legal defenses may include challenging the legality of the traffic stop, questioning the accuracy of BAC test results, and identifying procedural violations during testing. For example, if the chemical tests were improperly calibrated or administered incorrectly, the results could be deemed unreliable. Successfully raising these defenses could weaken the prosecution’s case.

Question 5

What happens if you get a second DWI per se offense within 10 years in New York?

Accepted Answer

A second offense within 10 years is classified as a Class E felony. Penalties include fines ranging from $1,000 to $5,000, up to 4 years in state prison, and at least a 1-year license revocation. Mandatory installation of an ignition interlock device and alcohol screening are also required.

Question 6

What is an ignition interlock device, and when is it required?

Accepted Answer

An ignition interlock device is a breathalyzer installed in a vehicle that prevents it from starting if alcohol is detected on the driver’s breath. It may be mandated for 6 months or longer after a first offense and for at least one year for subsequent offenses. This device is a common requirement in DWI convictions to prevent repeat offenses.

Question 7

How does a DWI per se conviction affect future employment opportunities?

Accepted Answer

A DWI per se conviction results in a permanent criminal record, which can negatively impact job prospects. Many employers conduct background checks, and a DWI conviction may be seen as a liability. This can limit opportunities in fields requiring clean driving records or high levels of trust.

Question 8

Can you be charged with a DWI per se at a sobriety checkpoint even without erratic driving?

Accepted Answer

Yes, you can be charged at a sobriety checkpoint if your BAC is 0.08% or higher, regardless of driving behavior. For instance, if an officer detects alcohol odor and your breathalyzer test reads above the legal limit, that alone can result in a charge. Actual signs of impairment are not necessary for prosecution under NY VTL § 1192.2.

Question 9

How can The Kugel Law Firm help with a DWI per se charge?

Accepted Answer

At The Kugel Law Firm, we specialize in DWI and DUI cases, offering personalized attention and strategic defense tailored to your unique situation. We can challenge the legality of your traffic stop, the accuracy of your BAC results, and any procedural errors made during your arrest. Our goal is to minimize the consequences of your charge and protect your rights throughout the legal process.

Question 10

How can I contact The Kugel Law Firm for legal assistance?

Accepted Answer

You can contact The Kugel Law Firm by calling (212) 372-7218 to schedule a complimentary strategy session. We also offer online consultations through our website, where you can fill out a form to describe your situation. Our team is ready to provide you with the support and guidance needed to navigate your DWI case.

Possible Legal Defenses for DWI Charges	Description
Challenging the Traffic Stop	Arguing that the initial stop lacked reasonable suspicion or probable cause, which can potentially render subsequent evidence inadmissible.
Questioning BAC Test Accuracy	Disputing the reliability of chemical test results due to improper calibration, maintenance issues, or operator error.
Highlighting Procedural Violations	Identifying failures in following proper procedures during the administration of chemical tests, which may compromise the validity of the results.

Driving While Intoxicated; Per Se - NY VTL § 1192.2

Elements and Definitions

Hypothetical Example Based on Case Law

Possible Legal Defenses

Penalties

New York Vehicle & Traffic Law § 1192.2: Driving While Intoxicated; Per Se

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