Driving While Intoxicated is one of several New York DUI laws that prohibits drivers from operating a motor vehicle while under the influence of drugs or alcohol. No chemical tests are needed to prove a NY DWI offense under § 1192(3), and prosecutors will typically rely on the arresting officer's observations to prove the intoxication element. Driving While Intoxicated is a misdemeanor in most cases unless the driver has any DUI-related conviction within the past ten years, in which case the crime becomes a Class E felony.
The Elements of Driving While Intoxicated Under NY VTL § 1192(3)Before a judge or jury can convict anyone of DWI, the government must prove each element of the offense beyond a reasonable doubt. The elements of Driving While Intoxicated are:
As you can see from the elements, there is no requirement that the prosecution presents any chemical test results to prove a DWI charge. Thus, prosecutors will typically rely on the following:
Examples of DWI under § 1192(3) include the following:
Often, prosecutors bring Driving While Intoxicated charges along with one or more of the following:
There are several defenses to Driving While Intoxicated in New York. The effect of a defense can vary but may include reducing your sentencing exposure, prompting the prosecution to withdraw the case against you, or a jury finding that you were "not guilty" of DWI. The most common defenses include the following:
Driving While Intoxicated under § 1192(3) is a misdemeanor, carrying a jail sentence of up to a year and a fine between $500 and $1,000. However, if you have a DWI conviction (under any subsection) from within the past ten years, the offense becomes a Class E felony. In this case, a DWI conviction carries a maximum jail sentence of four years and a fine between $1,000 and $5,000.
Additionally, the court must impose a probationary sentence that starts once any term of incarceration is complete. For up to a year of your probation, the court will require you to install an ignition interlock device on your vehicle. However, the court must remove the interlock requirement if you install and maintain the device on your vehicle without issue for six months.
Get Started on Your Defense Today By Reaching Out to the New York DWI Defense Attorneys at Tilem & Associates, P.C.If you've been charged with a DWI offense under § 1192(3), understanding the possible defenses you have against the government's allegations is a good place to start. At Tilem & Associates, P.C., our dedicated team of NY DWI lawyers has over 25 years of experience defending clients charged with all types of DUI offenses, helping them maintain their freedom and their driving privileges. We are immediately available to meet with you to get started working on a compelling defense to the charges you face. To learn more, and to schedule a free consultation today, call 877-377-8666. You can also reach us through our online contact form.