VTL 1192.2-a(a) · Article 1192
Aggravated Driving While Intoxicated (VTL 1192.2-a(a)))
This provision concerns operating a motor vehicle with blood alcohol of at least 0.18 percent by weight. That concentration must be shown by a chemical analysis of blood, breath, urine, or saliva performed pursuant to section 1194.
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Text us immediately · (845) 290-2492Definition under New York law
VTL 1192.2-a(a) · Original statutory wording; excerpts must be read together with the full section.
§ 1192 2-a. Aggravated driving while intoxicated. (a) Per se. No person shall operate a motor vehicle while such person has .18 of one per centum or more by weight of alcohol in such person's blood as shown by chemical analysis of such person's blood, breath, urine or saliva made pursuant to the provisions of section eleven hundred ninety-four of this article.Read the full section at the New York State SenateIn everyday language
This provision concerns operating a motor vehicle with blood alcohol of at least 0.18 percent by weight. That concentration must be shown by a chemical analysis of blood, breath, urine, or saliva performed pursuant to section 1194.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecutor must prove beyond a reasonable doubt that the person accused operated a motor vehicle.
- At the time of operation, the person accused had at least 0.18 percent alcohol by weight in the blood.
- That concentration must be shown by chemical analysis of blood, breath, urine, or saliva made pursuant to section 1194; the sample types are alternatives, not cumulative requirements.
- Operation, the specified concentration during operation, and the required chemical-analysis showing are cumulative requirements that the prosecutor must establish beyond a reasonable doubt.
Defenses that commonly apply
- What evidence establishes that the person accused operated the vehicle?
- Does the chemical analysis reliably establish at least 0.18 percent blood alcohol by weight at the time of operation?
- Was the analysis of an authorized sample type performed pursuant to section 1194?
Penalties and collateral consequences
A Misdemeanor carries a maximum sentence of up to 1 year and a fine of up to $1,000 to $2,500.
Common questions about your defense
Can the chemical-test evidence be contested in an aggravated per se DWI case?
This provision requires the specified blood-alcohol concentration during operation, shown by chemical analysis performed pursuant to section 1194. If the analysis does not reliably establish that concentration at the relevant time or does not satisfy the referenced requirements, that may provide grounds to contest the charge. The prosecutor must prove the required elements beyond a reasonable doubt, and a challenge does not guarantee dismissal.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
Related charges
VTL 1192.4-a · Misdemeanor
VTL 1194 · DMV administrative hearing
VTL 1192.3 · Misdemeanor
VTL 1180 · Traffic infraction
VTL 1225-D · Traffic infraction
VTL 1128(a) · Traffic infraction
VTL 1129(a) · Traffic infraction
VTL 600(1)(a) · Traffic infraction
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