§ 1192.1 of the New York Vehicle and Traffic Law (VTL)
§ 1192. Operating a motor vehicle while under the influence of alcohol
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.
- Did you consume alcohol?
Did it affect you mentally at all?
- Were you feeling good, buzzed, relaxed, sleepy, elated, or different than
usual in any way?
- Did others think you were feeling good, buzzed, relaxed, sleepy, elated,
or different than usual in any way?
Did it affect your physically at all?
- Were you slower, tired, less coordinated, or physically affected in any
- Did anyone else think that you were slower, tired, less coordinated, or
physically affected in any other way?
Was any affect enough to make you less safe?
- Did anyone say there was bad driving?
- 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
- Your physical condition and appearance
- Balance and coordination
- Manner of speech
- The presence or absence of an odor of alcohol
- The manner in which you were driving
- Opinion testimony regarding your sobriety
- The circumstances of any accident
- 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.