§ 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:

  1. the driver's physical condition and appearance, balance and coordination, and manner of speech;
  2. the presence of absence of an odor of alcohol;
  3. the manner in which the driver was driving
  4. opinions of others regarding sobriety
  5. the circumstances of any accident
  6. 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.

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