§ 1192.3 of the New York Vehicle and Traffic Law
§ 1192.3: "No person shall operate a motor vehicle while in an intoxicated condition.
The structure of section 1192 is below.
§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs.
1. Driving while ability impaired.
2. Driving while intoxicated
3. Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition. (VTL 1192(3))
4. Driving while ability impaired by drugs.
4-a. Driving while ability impaired by combined influence of drugs or of alcohol and any drug or drugs.
What is an "Intoxicated Condition" in a New York DWI / DUI case?
In New York and for purposes of this type of charge, a person is in an intoxicated condition when such person has consumed alcohol to the extent that he or she is incapable, to a substantial extent, of employing the physical and mental abilities which he or she is expected to possess in order to operate a vehicle as a reasonable and prudent driver.People v. Ardila,
People v. Cruz.
The DWI / DUI law does not require any particular chemical or physical test to prove that a person was in an intoxicated condition. To determine whether someone is intoxicated, the surrounding circumstances are considered including:
- the driver's physical condition and appearance, balance and coordination, and manner of speech;
- the presence of absence of an odor of alcohol;
- the manner in which the driver was driving
- opinions of others regarding sobriety
- the circumstances of any accident
- the results of any chemical test
Driving while intoxicated in New York can lead to one or several charges including section 1192-3 as listed above. Section 1192 is the general location for all DWI related offenses in NYC and VTL 11923 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, and employment consequences, you should contact us at the Law Office of Lance Fletcher for a DWI, DUI, VTL 1192.3 case evaluation.