A New York Criminal Lawyer reports that DWI in NY: Driving While Intoxicated – VTL 1192.3 Driving While Intoxicated is a dangerous habit among the drivers in the country. It is said that it is not just dangerous; the law likewise punished the drivers who are found to be intoxicated while driving. Driving While Intoxicated is just a part of crimes which are punishable while driving, the law also provides for the following crimes which can be violated while driving – DWI (Driving While Intoxicated), DWAI (Driving While Ability Impaired) and DUI (Driving Under the Influence) – but regardless of the particular offense in New York (both NYC and Westchester), prosecutors and judges take these charges very seriously.
A New York DWI Lawyer said that we have handled numerous DWIs, DWAIs and DUIs here in our firm, whether they are charged as VTL 1192.1, VTL 1192.2, VTL 1192.2-a or VTL 1192.3. A particular question which a layman frequently asked us is “how can I be charged with DWI if there is no breathalyzer or intoxilizer that indicates how much alcohol I had in my system?” In answering their question, we first ask for the circumstances surrounding their problem. Once we already determined the main problem, we give them an advice which will benefit them. In the question stated above, the answer is quite simple. As we call it in the criminal law field, a person can be held liable for DWI even without a chemical test. This can be done by using the observation of the arresting officer based on the appearance of the driver and if indeed the latter was intoxicated. This is also known as the “Common Law” DWI.
With the use of the personal observation of the arresting officer, it is different from the forms of DWI using a chemical test. In VTL 1192.2 which requires a reading of alcohol in a person’s blood to be .08 of one per centum or more, a person is guilty of Driving While Intoxicated pursuant to “Common Law” VTL 1192.3 if they operate a motor vehicle while in an intoxicated condition.