White Plains, NY DWI Lawyer Report: Client Acquitted Of DWI After Bench Trial

In an Orange County, NY criminal case, our client, a criminal defendant was charged with 2 counts of misdemeanor driving while intoxicated (DWI) while operating an ATV. His BAC reading was .16. In New York, the legal limit is .08. Under New York Law, misdemeanor driving while intoxicated is defined under Vehicle & Traffic Law Section 1192. The section, in relevant part, states:

§ 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…

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.
(b) With a child. No person shall operate a motor vehicle in violation of subdivision two, three, four or four-a of this section while a child who is fifteen years of age or less is a passenger in such motor vehicle.

3. Driving while intoxicated. No person shall operate a motor vehicle while in an intoxicated condition.

Our client was charged with violating sections 1192(2) and 1192(3). The section 1192(2) was based on the client’s BAC reading being over the legal limit. The section 1192(3) charge was based on the police officer’s observations (ie. slurred speech, erratic driving). After a bench trial, our client was acquitted of all criminal charges.

If you or someone you know has been charged with DWI, your first call should be the New York DWI Attorneys at Gallivan & Gallivan.

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