§ 1192.1 of the New York Vehicle and Traffic Law (VTL)

§ 1192. Operating a motor vehicle while under the influence of alcohol
or drugs.

VTL § 1192 (1). Driving while ability impaired. "No person shall operate a motor vehicle while the person's ability to operate such motor vehicle is impaired by the consumption of alcohol."

What does impaired mean in my New York DWI / DUI case?

In New York and for purposes of 1192.1, a driver is guilty of this when they are operating a motor vehicle while their ability to drive is impaired. Your ability to drive is impaired by the consumption of alcohol when your consumption has actually impaired to any extent, the physical and mental abilities you are expected to possess in order to drive as a reasonable and prudent driver.

Things to consider.

  1. Did you consume alcohol?
  2. Did it affect you mentally at all?
    1. Were you feeling good, buzzed, relaxed, sleepy, elated, or different than usual in any way?
    2. Did others think you were feeling good, buzzed, relaxed, sleepy, elated, or different than usual in any way?
  3. Did it affect your physically at all?
    1. Were you slower, tired, less coordinated, or physically affected in any other way?
    2. Did anyone else think that you were slower, tired, less coordinated, or physically affected in any other way?
  4. Was any affect enough to make you less safe?
    1. Did anyone say there was bad driving?
    2. Did anyone say you were less aware?

No particular chemical or physical test is required to prove that a driver was impaired by the consumption of alcohol.

The following things will be important issues in your 1192.1 case

  1. Your physical condition and appearance
  2. Balance and coordination
  3. Manner of speech
  4. The presence or absence of an odor of alcohol
  5. The manner in which you were driving
  6. Opinion testimony regarding your sobriety
  7. The circumstances of any accident
  8. Any breathalyzer or chemical test

Driving while impaired in New York can lead to one or several charges in addition to section 1192-1 as listed above. Section 1192 is the general location for all DWI related offenses in NYC and VTL 11921 deals with one type of New York DWI. Because a DWI / DUI conviction could lead to jail, a permanent record, license revocation, permanent travel, immigration, insurance problems, and employment consequences, and an ignition interlock device, you should contact us at the Law Office of Lance Fletcher for a DWI, DUI, VTL 1192.1 case evaluation.

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