VTL 1192.1 · Article 1192

Driving While Ability Impaired by Alcohol (VTL 1192.1)

Driving while ability impaired by alcohol is the reduced-alcohol counterpart to DWI: your ability is impaired to some extent by alcohol, without reaching the level needed for a DWI. A first conviction carries up to fifteen days in jail, a fine of $300 to $500, and a 90-day license suspension.

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What the prosecutor must prove

  • You operated a motor vehicle in a location covered by VTL 1192(7), including public highways, private roads open to traffic, and qualifying parking lots.
  • Your ability was impaired to some extent by alcohol.

Defenses that commonly apply

  • The observation of impairment is not supported by the footage or the report.
  • The stop itself was unlawful.
  • The result is explained by something other than alcohol.

Penalties and collateral consequences

A Traffic Infraction carries a maximum sentence of up to 15 days and a fine of up to $300 to $500.

Every case turns on its own facts. The information on this page is general, not legal advice.

Related charges

Related practice areas

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