The basics of New York drunk driving law
New York VAT Law section 1192 contains the New York law regarding operating a motor vehicle while under the influence of alcohol or drugs. This law states in specific detail what must be proven to convict you of drunk driving.
DWAI, DWI, and DUI all mean drunk driving, but are slightly different
Drunk driving in New York can go under a different acronyms, with slightly different meanings:
- DWAI = Driving While Ability Impaired. There are three different parts of the statute that refer to Driving While Ability Impaired. It is against the law to operate a vehicle when your ability is impaired by (1) alcohol, (2) drugs, and (3) the combined influence of drugs or of alcohol and any drug or drugs.
- DWI = Driving While Intoxicated. There are two parts of the statute that refer to Driving While Intoxicated. One part of the statute presumes that you are intoxicated when you have a certain percent of alcohol in your blood. Another part of the statute says simply that it is against the law to operate a motor vehicle while in an intoxicated condition.
- DUI = These initials stand for Driving Under the Influence, and are commonly used in the United States to refer to driving under the influence of alcohol or drugs. However, this phrase is not used in the New York statute, so it has no specific definition in New York.
Statutory presumption of intoxication from alcohol
Some of the DWI (Driving While Intoxicated) parts of the law regarding operating a motor vehicle while under the influence of alcohol or drugs contain a presumption that a person who has a certain percentage of alcohol in their blood is intoxicated.
The measurement of the percentage of alcohol in a person’s blood is done by chemical analysis of the person’s blood, breath, urine, or saliva.
Defend yourself by getting an experienced Western New York / Rochester DWI lawyer
If you are not already represented by a New York drunk driving lawyer, consider asking for our evaluation of your case. Complete the short Case Evaluation Form to the right, or you may e-mail or call our office at:
Sciarrino & Sciarrino, P.C.
Western New York and Rochester DWI Defense Lawyers
