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DWI Statutory and Legal Presumptions: VTL 1195(2)

New York drunk driving arrests or those involving intoxication due to the use of drugs or narcotics, are codified in Vehicle and Traffic Law 1192. DUI lawyers familiar with and versed in the practical application of these laws and statutes are aware that while admissible evidence is the controlling factor when prosecutors determine what specific offense to charge, there are also legal presumptions they can use to enhance their case. One such presumption law enforcement uses to their advantage is when you fail to submit to a chemical test. In these scenarios judges are allowed to instruct DWI juries that your refusal is corroboration that you knew you were intoxicated. The District Attorney, however, is not the only party who can look to presumptions to strengthen a case. Codified in VTL 1195(2), NY DWI defense attorneys can also avail themselves to legal presumptions that can strengthen your defense while calling into question a prosecutor’s proof beyond a reasonable doubt.

Legal Presumptions and Chemical Test Evidence: VTL 1195(2)

Assuming that the NYPD, NYS Police, County Police or other law enforcement agency properly administered a chemical test, such as the Breathalyzer, Intoxilyzer, or Alcosensor blood-alcohol content or BAC “blow” tests, the result of that examination may have probative value in your defense where it is below the .08 legal limit.

VTL 1195(2)(a)

If evidence establishes that your BAC was .05 of one per centum or less by weight of alcohol in your blood, then it is also prima facie evidence that your ability to operate a motor vehicle was not impaired by the consumption of alcohol. Furthermore, .05 BAC or less is also prima facie evidence that you were not in an intoxicated condition.

VTL 1195(2)(b)

If there is proof you consumed alcohol, but the chemical test revealed your BAC was in excess of .05 of one per centum but less than .07 of one per centum in your blood, then it is prima facie evidence that you were not in an intoxicated condition. At the same times, this evidence must not be given prima facie effect, to establish you operated a motor vehicle while impaired by the consumption of alcohol even if it is nonetheless relevant in reaching this determination. In other words, a BAC in this range would be relevant in determining whether you committed the non-criminal violation of Driving While Ability Impaired, or DWAI pursuant to VTL 1192.1, but would be “proof” that you did not commit the misdemeanor crime of Driving While Intoxicated or DWI pursuant to VTL 1192.2 or 1192.3.

VTL 1195(2)(c)

Lastly, if the evidence established that your BAC was .07 of one per centum or more but less than .08 of one per centum by weight of alcohol, then it shall also be prima facie evidence that you were not in an intoxicated condition. The difference here, however, is that it also is prima facie proof that you were operating the vehicle in a state impaired by alcohol consumption. So instead of your “blow” being a relevant factor in determining whether you were DWAI, it is rebuttable proof that you in fact were DWAI.

Your Case, Your Defense, Your Future

Obviously, the above legal presumptions are inconsequential and have not impact on arrests for driving while intoxicated where your BAC is equal to or in excess of .08. Similarly, it would have not relevancy to a case where you refused to submit to a chemical test or an Aggravated DWI where your BAC was .18 or greater. However, being versed in the law, aware of the statutes, and understanding the application of the criminal code is essential if you are to successful fight back against these or any other charges. At bottom, no matter the offense for which the police arrested you and irrespective of whether prosecutors seek to convict you based on your watery and bloodshot eyes, unsteadiness on your feet, slurred speech, an alleged confession or the purported amount of your blood alcohol content, if you do not know the law you will not be able to defend yourself.

Don’t aggravate an already potentially decimating legal predicament. Don’t jeopardize your future. Educate yourself on New York DWI laws. Contact the DWI lawyers and former DUI prosecutors at Saland Law so experience, knowledge and advocacy can be your best defense.

Call the New York City & Hudson Valley DWI & DUI attorneys at (212) 312-7129 or contact us online today

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