Per Se DWI - .08 BAC

While no DWI is typical, VTL 1192.2 makes it a crime in New York City or anywhere else in the state to operate a motor vehicle when you BAC is .08 to .179. If your BAC is .18 or greater, then the police and assistant district attorneys in New York will charge you with Aggravated DWI. This DWI offense is known as "Per Se" DWI by experienced DWI attorneys in New York City and the region. While your lawyer might be able to successfully argue that your blood shot eyes, slurred speech or other indicia of intoxication were actually symptoms of something completely legal and unrelated, the Per Se law is based not on the observations of the arresting police officer, but the results obtained from an intoxilyzer machine. It is this result that dictates the offense as well potential certain legal presumptions.

It is important to note that the breathilyzer test you may have received at the scene of the incident is not the test that guides the prosecution. In fact, that test is not admissible. It is the test you take at the precinct with the intoxilyzer that is the basis this charge.

The penalties for a DWI conviction based on a BAC reading of .08 through .179 is the same as it is for a VTL 1192.3 conviction and include:

  • Jail up to one year
  • Probation up to three years
  • Community service
  • License suspension for six months (Common Law) or a one year revocation (Refusal) -(you may be eligible for a conditional license)
  • A fine between $500 to $1,000
  • Drinking and Driving Program (DDP)
  • Driver responsibility assessment of $250 a year for three years
  • Victim Impact Panel
  • Vehicle interlock device
  • Increased car insurance

Regardless of the potential penalty, for many professionals such as teachers or lawyers, the actual conviction is the more significant problem that can have a crippling impact on their careers and livelihoods.

Call the New York drunk driving defense attorneys and former Manhattan prosecutors at (212) 312-7129 or contact us online today.

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