What Is a NY VTL 1192(1) DWAI Alcohol Charge?
Driving While Ability Impaired by Alcohol (DWAI/Alcohol) under New York Vehicle and Traffic Law (VTL) § 1192(1) prohibits operating a motor vehicle while your ability to drive is impaired by alcohol to any extent. In a first-offense case, DWAI/Alcohol is generally a traffic infraction rather than a crime. But repeat DWAI/Alcohol offenses can escalate, including […]
What Is Aggravated Driving While Intoxicated in New York State?
Aggravated Driving While Intoxicated (Aggravated DWI) in New York generally refers to enhanced DWI offenses under the Vehicle and Traffic Law. These include driving with a blood alcohol content (BAC) of 0.18% or higher, as well as driving while intoxicated or drug-impaired with a passenger age 15 or younger in the vehicle. A first offense […]
What Is an OASAS Evaluation in New York After a DWI Arrest?
An Office of Addiction Services and Supports (OASAS) evaluation is a clinical screening that determines whether a person arrested for Driving While Intoxicated (DWI) has an alcohol or substance use problem. New York Vehicle and Traffic Law (VTL) § 1198-a requires this evaluation for most impaired driving cases. The results can directly influence sentencing, plea […]
What are Hardship Driving Privileges After a DWI Arrest in New York?
A hardship driving privilege is a court-ordered, limited driving privilege issued at your arraignment. It allows you to drive only for work, medical treatment, or school during the first 30 days after a Driving While Intoxicated (DWI) charge in New York. It is not a full license, and your license remains suspended throughout. Strict eligibility […]