New York DUI Laws
New York DUI Laws
As is the case with almost every jurisdiction, there is an entire body of law that deals with the issue of DUI in New York. If you are facing the prospect of a prosecution for DUI, the analysis of your situation always involves the statutes that could apply to your case. New York’s statutes are quite detailed in nature, as you’ll see below. In the meantime, if you have been arrested for DUI, contact us as soon as possible to schedule an initial consultation.
New York DUI Defined
The New York statutes define DUI as follows:
§ 1192. Operating a motor vehicle while under the influence of alcohol or drugs.
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.
2. Driving while intoxicated; per se. No person shall operate a motor vehicle while such person has .08 of one per centum or more by weight of alcohol in the 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.
As you see, New York’s BAC limit is .08 percent, which is consistent with other jurisdictions.
New York Aggravated DUI Defined
New York also has a special statute in place for those who are extremely intoxicated, and that is known as aggravated DUI, the text of which appears below:
2-a. Aggravated driving while intoxicated; 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.
Additional New York DUI Statutes
Although the statutes above offer specific measurements of BAC in order to be guilty of DUI, the law also offers provisions for those who are under the influence of other drugs or who simply are impaired regardless of any BAC measurement.
3. Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition.
4. Driving while ability impaired by drugs. No person shall operate a motor vehicle while the person’s ability to operate such a motor vehicle is impaired by the use of a drug as defined in this chapter.
4-a. Driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs. No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs.
If you would like to find out how any or all of these statutes would apply to your situation, contact the Blanch Law Firm today to schedule an initial consultation.