| VTL 1192-1 | Driving while impaired by alcohol. This charge may be a violation or a misdemeanor depending on prior conviction history. |
| VTL 1192-2 | Driving while intoxicated with a reading of .08 or more. This is a misdemeanor or felony charge depending on prior conviction history. |
| VTL 1192-2a(a) | Aggravated Driving while Intoxicated with a reading of .18 or more. This is a misdemeanor or felony charge depending on prior conviction history. |
| VTL 1192-2a(b) | Aggravated Driving while Intoxicated with a child 15 years or less in the vehicle. This is a felony charge. |
| VTL 1192-3 | Driving while intoxicated. This is a misdemeanor or felony charge depending on prior conviction history. |
| VTL 1192-4 | Driving while ability impaired due to drugs. This is a misdemeanor or felony charge depending on prior conviction history. |
| VTL 1192-4a | Driving while ability impaired due to drugs and alcohol. This is a misdemeanor or felony charge depending on prior conviction history. |
| VTL 1192-5 | Driving commercial vehicle while ability impaired due to alcohol with a reading of .04 or more not more than .06 BAC. |
| VTL 1192-6 | Driving commercial vehicle while ability impaired due to alcohol with a reading of .06 or more not more than .08 BAC. This is a misdemeanor or felony charge depending on prior conviction history. |
| VTL 1192-a | Operating a motor vehicle after having consumed alcohol under the age of twenty one (also known as the zero tolerance law). |
| VTL 1194-1(b) | Refusal to take breath screening test |
| VTL1196-7(a) | Conditional license violation- operating out of restriction |
| VTL 1198-7(a) | Use vehicle without ignition interlock. This is a misdemeanor charge. |
| VTL 1198-7(b) | Renting a vehicle without ignition interlock. This is a misdemeanor charge. |
| VTL 1198-9(a) | Circumventing the ignition interlock device- having another person blow into the device or start the vehicle. This is a misdemeanor charge. |
| VTL 1198-9(b) | Circumventing the ignition interlock device- blowing into the device or starting the vehicle for a driver required to use an ignition interlock. This is a misdemeanor charge. |
| VTL 1198-9(c) | Circumventing the ignition interlock device – tampering. This is a misdemeanor charge. |
| VTL 1198-9(d) | Circumvention of ignition interlock device – Operating a motor vehicle without a court ordered interlock device. This is a misdemeanor charge. |
| VTL 1198-10(a) | Soliciting another to circumvent an interlock device. This is a misdemeanor charge. |
| VTL 1198-10(b) | Circumventing an interlock device for another. This is a misdemeanor charge. |
| VTL 1198-10(c) | Tampering with an interlock device. This is a misdemeanor charge. |
Over the last 10 years the penalties for alcohol related driving offenses have increased substantially. Fifteen years ago, driving while intoxicated cases were considered easy to handle for the average practitioner. Today, DWI / DUI cases, and other alcohol related driving offenses have become much more complex, often requiring alcohol evaluations, alcohol testing, treatment and the installation of an ignition interlock device in vehicles registered or operated by the defendant. If you have been charged with Driving While Intoxicated in New York, it is best to retain an attorney who handles DWI cases on a regular basis, and has substantial experience in handling DWI cases in the particular court that the case is pending in.
