VTL 1192.3 · Article 1192
Driving While Intoxicated (VTL 1192.3)
Common-law DWI under VTL 1192(3) means operating a motor vehicle while intoxicated by alcohol; it does not require proof of a particular blood alcohol concentration. A first misdemeanor conviction carries up to one year in jail, a $500 to $1,000 fine, and license revocation for at least six months.
Has your loved one been arrested or taken into police custody?
Text us immediately · (845) 290-2492What the prosecutor must prove
- You operated a motor vehicle.
- You were intoxicated by alcohol: incapable, to a substantial extent, of using the physical and mental abilities needed to operate as a reasonable and prudent driver.
- The operation occurred in a location covered by VTL 1192(7), including public highways, private roads open to traffic, and qualifying parking lots.
Defenses that commonly apply
- The stop was not justified.
- The arrest procedure or the field sobriety testing was flawed.
- The breath or blood result is unreliable — calibration, observation period or chain of custody.
- The evidence does not establish impairment at the time of driving.
Penalties and collateral consequences
A Misdemeanor carries a maximum sentence of up to 1 year and a fine of up to $500 to $1,000.
The DMV case and the criminal case run on separate tracks with separate deadlines. Refusing a breath test brings its own one-year revocation, and the criminal case can still proceed.
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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