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.

Client Reviews
... I was facing a class B felony and potentially tens of thousands in fines and some legit jail time and after hiring Jeremy Saland he obviously struck enough fear into the prosecutors with his sheer litigation might that it was knocked down to a petty misdemeanor and after a few sheckles and a handful of counseling sessions, I will no longer have a criminal record. The offices of Crotty Saland are the Shaq and Kobe of criminal defense in New York City and to even consider another firm is outright blasphemy. I stand by this statement 100% Evan
Let me start by saying how amazing Liz Crotty is! I am a resident of California, who needed representation for my son who received a desk citation while he was visiting NYC. Liz jumped on the case right away; she was very thorough in explaining things to me. She is strictly business too! She went to court on my son's behalf and had his case dismissed. I am forever grateful to her. Seana G.
Contact Us 212.312.7129

1Free Consultation

2Available 24/7

3We Will Fight For You!