Overview
Tom: your intro.
Draft for you to change or replace: A DWI arrest starts two cases at once: the criminal charge in court and the case about your license. The defense examines every step: the reason for the stop, the field sobriety tests, the breath or blood test and how it was taken, and the refusal warnings. In drug cases the prosecution often relies on a drug recognition evaluation, which is opinion evidence and can be challenged.
Offenses
| Section | Offense | Classification |
|---|---|---|
| VTL 1192(1) | Driving while ability impaired by alcohol (DWAI) | Traffic infraction |
| VTL 1192(2) | Driving while intoxicated, BAC .08 or more | Misdemeanor |
| VTL 1192(3) | Driving while intoxicated (common law) | Misdemeanor |
| VTL 1192(2-a)(a) | Aggravated DWI, BAC .18 or more | Misdemeanor |
| VTL 1192(2-a)(b) | Aggravated DWI with a child 15 or younger in the vehicle (Leandra's Law) | Class E felony |
| VTL 1192(4) | Driving while ability impaired by drugs | Misdemeanor |
| VTL 1192(4-a) | Driving while ability impaired by alcohol and drugs combined | Misdemeanor |
A second DWI within ten years is a class E felony; a third, a class D felony. Refusing a chemical test leads to a separate license revocation hearing before the DMV.