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Driving While Intoxicated (DWI) - New York VTL § 1192.3

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Unlike charges based on specific blood alcohol levels, driving while intoxicated (DWI) – New York VTL § 1192.3 focuses on observable impairment, which can make the evidence subjective and open to interpretation. A conviction can have lasting consequences for your personal and professional life, but it’s crucial to remember that being charged does not mean you are guilty.

The Kugel Law Firm is dedicated to protecting the rights of those accused of DWI in New York. We carefully evaluate the circumstances of your case, challenge the evidence, and work to develop a defense strategy tailored to your situation.

If you or a loved one is facing a DWI charge, contact The Kugel Law Firm today at (212) 372-7218. Speak with one of our top-rated New York DWI attorneys to take the first step in defending your rights and your future.

Elements and Definitions of Driving While Intoxicated (NY VTL § 1192.3)

To convict a defendant of DWI under VTL § 1192.3, the prosecution must prove the following elements beyond a reasonable doubt:

  1. Operation of a Motor Vehicle: The defendant operated or had physical control of a motor vehicle. This includes actions such as driving, starting the engine, or being in the driver’s seat with the intent to operate the vehicle.
  2. Public Roadway or Public Place: The offense must occur on a public highway, road, street, or an area open to public use, such as a parking lot.
  3. Intoxication by Alcohol: The defendant was intoxicated by alcohol to a degree that affected their ability to operate a motor vehicle safely. Unlike per se DWI, this charge does not rely on a specific BAC. Instead, intoxication is determined by physical and behavioral evidence, such as slurred speech, impaired coordination, or the odor of alcohol.
  • Intoxication: A person is considered intoxicated when they are unable to exercise the physical or mental abilities necessary to operate a vehicle in a reasonable and prudent manner due to alcohol consumption.
  • Operation of a Motor Vehicle: Includes actions such as driving or being in control of a parked but running vehicle.

Satisfied Client Reviews

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jennifer
Rachel is a fantastic lawyer and was help to help resolve my DUI with the best poasible outcome. She explained everything to me in detail to help me understand all of my options. Additionally Linda in her office was always extremely responsive and helpful and they were just a pleasure to work with! I am very happy with the outcome of my case and would reccommend Rachel's services to anyone who needs them!
evangelis
I never been in a situation where it required a lawyer. So happy I went to the Kugel law firm. Rachel was supportive, honest, and cared more beyond just a check she was receiving from me. She checked up on me without me having to go serve for her. She always explained each outcome and possibilities and made me feel supportive during a horrific situation. Defiantly recommend to have you back and represent you in a case.
Asia
This law firm turned a traumatic experience into a bearable one. Rachel and her staff were very communicative and honest about the process. That meant everything and also made us happy about our favorable outcome.
Shana
At a time when my options were limited to non-existent, I contacted Kugel Law firm. That’s when I met Rachel. I never needed a lawyer before and was unsure of where to start. Rachel and Linda were kind, empathetic, calm and always a phone call away. Thanks to her, my case received the best possible solution. My case was closed, fully dismissed. OVER! I highly recommend her, if you need help. Rachel is the one!
Robert
The level of knowledge, professionalism and service from Kugel Law is fantastic. Unfortunately, I've had experience with a number of firms over the years - Rachel and her team are top notch in comparison. I contacted, and spoke with Rachel, when searching and evaluating counsel for a family member. In a short period of conversation, I was comfortable, at ease and confident in their representation. They took a long view in managing a very difficult situation that ultimately resulted in a reduction of the charges that I never thought possible - a tremendous outcome from tremendous people.
aaron
Helpful, kind, and had my best interest in mind all the way through. Mrs. Kugel has been extremely generous with her time explaining each step of the process clearly and in easy to understand terms. The Kugel Law Firm delivered results exceeding my high expectations, in other words, completely dismissed.
khalid
I must admit I didn't think it was anyway I could have gotten around my DUI and REFUSING... I'm glad I chosen the KUGEL LAW FIRM.. (RACHEL)knock it out the park all charges dismissed and 4 other miscellaneous tickets as well. She's who you need worth ever Dollar and more...
Matthew
I chose The Kugel Law Firm based on the reviews that are so good that it was a bit suspicious. But make no mistake - they are all well-deserved. No outcome in the court system is guaranteed but Rachel will go out of her way to fight for you. She is a walking encyclopedia when it comes to this stuff and on top of that, she is super friendly and always available to talk and break things down for you. If you've found yourself in the unfortunate situation of a DWI then look no further. I can't imagine anybody better. Thanks Rachel!
alex
I’m from California. I didn’t know who to turn too. Don’t know the laws and obviously don’t know the which roads to turn on in NYC. Thankfully I was able to get my DUI dismissed. Moral of the story, don’t drive with any alcohol in your system. Also check out Kugel Law Firm and Rachel and her amazing team if your in trouble.

Hypothetical Example Based on Case Law

Gregory is pulled over by police after being observed swerving between lanes late at night. When the officer approaches the vehicle, they notice a strong odor of alcohol and that Gregory’s eyes are bloodshot. Gregory admits to having “a few drinks” at dinner. He fails multiple field sobriety tests, such as the walk-and-turn and one-leg stand. While Gregory submits to a roadside breath test, the device malfunctions and no BAC reading is recorded.

Gregory is charged under VTL § 1192.3 for driving while intoxicated based on the officer’s observations of his impaired behavior and failure to perform sobriety tests adequately. This scenario reflects cases where the charge is based on evidence of impairment rather than a confirmed BAC.

Possible Legal Defenses

Several defenses may be considered when facing a DWI charge under § 1192.3:

It’s essential to recognize that the applicability of these defenses depends on the specific circumstances of each case. Consulting with an experienced DWI attorney is crucial to evaluate the details of the arrest and develop a tailored defense strategy.

Possible Defense StrategyDescription
Challenging the Traffic StopArgues that the officer lacked reasonable suspicion or probable cause to initiate the stop, which may lead to evidence being ruled inadmissible.
Questioning Observational EvidenceProvides alternative explanations for signs of intoxication (e.g., medical conditions or fatigue), thereby undermining the reliability of the officer’s observations.
Procedural ErrorsFocuses on deviations from proper arrest or evidence collection protocols, potentially resulting in the suppression of evidence or dismissal of the charge.

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Penalties for Driving While Intoxicated

The penalties for a DWI conviction under VTL § 1192.3 are serious and can escalate for repeat offenses. Below is an overview of the potential consequences:

  • Fines: $500–$1,000
  • Jail Time: Up to 1 year in jail
  • License Revocation: Minimum 6-month revocation of driving privileges
  • Ignition Interlock: For one year in any vehicle you own or operate. 
  • Alcohol Screening and Treatment: May be required to participate in a substance abuse evaluation or treatment program.
  • Possibility of community service and/or probation up to three years
  • Fines: $1,000–$5,000
  • Jail Time: Up to 4 years in prison
  • License Revocation: Minimum 1-year revocation
  • Interlock Device: For at least one year and could include the full term of probation 
  • Probation: May include probationary supervision with conditions such as alcohol treatment and monitoring for up to 5 years. 
  • Fines: $2,000–$10,000
  • Jail Time: Up to 7 years in prison
  • License Revocation: Minimum 1-year revocation, with longer restrictions possible
  • Interlock Device: For at least one year and could include the full term of probation 
  • Probation: May include probationary supervision with conditions such as alcohol treatment and monitoring for up to 5 years. 
  • Ignition Interlock Device: Required even for first-offense cases, even after license reinstatement.
  • Surcharges: Mandatory court fees and surcharges
  • Permanent Criminal Record: A DWI conviction under § 1192.3 cannot be expunged in New York, which may affect employment, housing, and other opportunities.
  • Higher Insurance Rates: A conviction may lead to significantly increased auto insurance premiums.
  • Civil Penalties: Additional fines and fees may be imposed by the DMV.

It’s important to note that these penalties can be influenced by factors such as the presence of a child passenger (triggering Leandra’s Law), involvement in an accident, or refusal to submit to chemical testing. Additionally, other consequences may include mandatory attendance at a Victim Impact Panel, completion of an alcohol education program, and increased insurance premiums. It is crucial to consult with an experienced attorney to manage the legal process and mount an effective defense.

New York Vehicle and Traffic Law § 1192.3: Driving While Intoxicated (DWI)

No person shall operate a motor vehicle while in an intoxicated condition.

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Top-Rated Legal Advocacy From The Kugel Law Firm

A conviction for driving while intoxicated under New York Vehicle and Traffic Law § 1192.3 can have life-altering consequences, including loss of driving privileges, financial penalties, and a permanent criminal record. However, with the right legal representation, it may be possible to challenge the evidence, negotiate reduced charges, or secure a favorable outcome.

At The Kugel Law Firm, we are committed to defending the rights of individuals facing DWI charges. We thoroughly analyze every detail of your case to identify weaknesses in the prosecution’s case and build a strong defense.

If you or a loved one has been charged with DWI, contact The Kugel Law Firm today at (212) 372-7218 for a confidential consultation and let us help you protect your future.

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