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California DUI LAW › Free Consultation Find a DUI LAWS Lawyer :: Select Your State :: Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada New Hampshire New Jersey New Mexico New York North Carolina North Dakota Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington Washington DC West Virginia Wisconsin Wyoming › About 1800 DUI LAWS › DUI Laws by State › DUI Arrests by State › Drinking and Driving › Your First DUI › DUI Drugs › DUI Laws Dictionary › BAC Calculator › Field Sobriety Tests › Driver License › The Science › Breathalyzers › Jail Alternatives › Ignition Interlock › Criminal Courts › Designated Drivers › DUI Insurance › DUI Schools › Tell a Friend //-- › Order Your DMV Record › Link to DUI LAWS › Contact Us › Why Expungement? › Expungement 101 › Felony Expungement › Rehabilitation & Pardon › Case Evaluation › Traffic School Info › About The Content › About The Quizzes › About The Final Exam › Student Comments › DUI Chat › For Attorneys Only › Website Development California DUI LAW Choose your California county to locate a DUI LAW Lawyer in your area. :: Select a County :: Alameda County Alpine County Amador County Butte County Calaveras County Colusa County Contra Costa County Del Norte County El Dorado County Fresno County Glenn County Humboldt County Imperial County Inyo County Kern County Kings County Lake County Lassen County Los Angeles County Madera County Marin County Mariposa County Mendocino County Merced County Modoc County Mono County Monterey County Napa County Nevada County Orange County Placer County Plumas County Riverside County Sacramento County San Benito County San Bernardino County San Diego County San Francisco County San Joaquin County San Luis Obispo County San Mateo County Santa Barbara County Santa Clara County Santa Cruz County Shasta County Sierra County Siskiyou County Solano County Sonoma County Stanislaus County Sutter County Tehama County Trinity County Tulare County Tuolumne County Ventura County Yolo County Yuba County California counties - map view California DUI arrests (also known as DWI) trigger two separate cases: the DMV action, where a person's driving privileges hang in the balance, and the court case, where a variety of DUI punishment is available. For anyone charged with drunk driving in California, it is vital to note that persons arrested for DUI have only 10 days from the date of arrest to request a hearing with the DMV . If someone arrested for drunk driving does not request the hearing on time the penalty is his or her license will be suspended , automatically, on the 30th day following the arrest. Period. DUI defendants in California are typically charged with violating two different statutes: California Vehicle Code Section 23152 (a), and also Vehicle Code Section 23152 (b) . The first section, known to California DUI lawyers as the "a" count, relates to driving while a person's physical or mental faculties are impaired by alcohol (or drugs ) to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol in California courts. top California drunk driving arrests also give rise to a charge of violating Vehicle Code 23152 (b) , known to California DUI lawyers as the "b" count. This charge is brought against those arrested for DUI who provide a breath or blood alcohol sample of .08% or higher . It does not matter what the driving pattern is like, or whether the person arrested performed Field Sobriety Tests with textbook precision. It is a charge that is based purely on body chemistry . DUI / DWI defendants that are convicted of both 23152 (a) and (b) will only be punished once. However, these DUI charges are separate and apart from the action taken by the DMV with respect to those accused of drunk driving in California. It is critical for anyone charged with a California DUI or other drunk driving offense to obtain the services of a California DUI lawyer that understands the relationship between the court and DMV . California DUI arrests may also result in felony charges under one of three theories. The first is where the California DUI suspect has suffered three prior convictions within the preceding 10 years, as calculated from arrest date to arrest date. The fourth DUI arrest within 10 years is a felony. The second theory to charge a California DUI suspect with a felony DUI is by a violation of California DUI Vehicle Code Section 23153 . This California DUI Vehicle Code Section applies where drunk driving causes injury to any person other than the driver. Violating this California DUI section is a "wobbler" offense, meaning it may be charged as a felony DUI or a misdemeanor DUI. The third way to charge a felony DUI is where a drunk driving suspect has suffered a prior felony DUI conviction under California DUI Vehicle Code Section 23153 within 10 years; all California DUI arrests within 10 years of the felony DUI will be considered felony DUI. top DUI arrests of persons from other states will still require a DMV Hearing to protect their driving privileges. California is a member of the Interstate Driver's License Compact , which shares information about DUI convictions and driver's license actions with other member states. There are 45 states that belong to this compact. California currently has a DUI "washout" period of 10 years , calculated from arrest date to arrest date. This means that if someone is arrested for DUI within 10 years of the last arrest date, the new case will be treated as a second offense (or third, or fourth offenses) , with increased penalties and punishment for those who thought they were out of the woods regarding a prior conviction. The punishment in court for a second or third drunk driving conviction is much harsher than for a first offense: it involves mandatory jail terms , an 18-month alcohol education program , a required ignition interlock device , and more. top DMV actions as the result of a DUI arrest can vary from a minimum of a 4-month suspension for a first-offense DUI / DWI arrest (with the possibility of a restricted license after 30 days of suspension have passed) , to a one-year suspension for a second-offender, or a two-year revocation for a third offense. These penalties are ONLY where the accused submits to a chemical test of their blood or breath . In the case of a refusal, the DMV punishment is increased: a first-offense will trigger a one-year suspension with no opportunity for a restricted license. A second offense, two years. A third offense, three years. DUI arrests of persons under age 21 also have separate rules and consequences. Because of California's "zero tolerance" for minors consuming alcohol and driving, anyone under 21 who drives with .01% or higher alcohol level can be subject to a one-year suspension of their driving privileges , separate and apart from any action taken in court. It is critical for anyone charged with a California DUI or other drunk driving offense to obtain the services of a California DUI lawyer . If you've been charged with a California DUI offense, it is vital that you contact a lawyer who has experience defending both misdemeanor DUI and felony drunk driving charges. Please don't delay; contact us at once . For additional California DUI LAWS information, click the category of interest below. › California Criminal and DMV Penalties For Driving Under The Influence › California's BAC Limit and Administrative License Suspension Laws › Californias Point System › California Vehicle Code VC 23152 › California Vehicle Code VC 23153 › California Legal Links › Jury Trials › Driving (defined) › Vehicle (defined) › Under the Influence / Intoxicated/Impaired › Per Se (defined) › Presumptions / Inferences at Trial › Circumstantial Evidence › Reasonable Doubt › Special Notes › Driver's License Consequences › Court Consequences › Sentencing Enhancements › Sentencing Alternatives › Private Jail › Roadside Labor › Other Labor › Work release › Work furlough › Alcohol or drug rehabilitation › Sober living environments › Electronic Monitoring :: Previous page :: :: top :: | Site map | Terms and Conditions | Legal Disclaimer | Privacy Policy | Contact us at 1 800 DUI LAWS | 1 800 DUI LAWS. 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California DUI Attorney, Los Angeles DUI Attorney, Orange County DUI Attorney, California DUI Lawyer, Los Angeles DUI Lawyer, Orange County DUI Lawyer, DUI Los Angeles DUI Attorney Orange County DUI Attorney "Aggressively Applying our Legal Skills to Your Problem" Click here for a FREE CASE ANALYSIS Southern California DUI Attorney Vincent John Tucci will be speaking at a seminar on October 11, 2005 for Strategies In Handling DWI And DUI Cases DUI/DWI Trials Our Mission & Goals DMV Hearings Info on Hearings & SR-22 DMV Suspensions Mature Driver Links & Resources Negligent Operator California's Point System Expungement Practice Limited to DUI & DMV Defense (949) 872-2700 "Aggressively Applying our Legal Skills to Your Problem" 24 Hour Assistance * Immediate Jail Release * Free Initial Consultation Questions to Ask your Prospective Attorney Vincent Tucci Your Attorney Does the attorney you're interviewing regularly lecture on DUI & DMV issues at seminars ? Is the attorney you're interviewing certified in the protocols for a Drug Recognition Expert (DRE) ? Is the attorney you're interviewing certified on the Alco-Sensor IV PAS Device ? Is the attorney you're interviewing certified on the Datamaster CDM Evidentiary Breath Machine ? Is the attorney you're interviewing certified in the National Highway Traffic Safety Administration Field Sobriety Test Protocols ? Has the attorney you're interviewing attended the Borkenstein Class at Indiana University on Alcohol, Drugs, and Highway Safety ? Is the attorney you're interviewing a Board of Director member of the California DUI Lawyer Assn ? Has the attorney you're interviewing ever been asked IN WRITING by the Director of the CA DMV to videotape their hearings to instruct their hearing officers ? Here's the link to the letter. Firm Profile | DUI Defense | Drunk Driving Laws | DUI Lawyer | CA DUI Research | Contact Info | Site Map California Drunk Driving and Boating Attorney, DUI Defense Lawyer, DUI Attorney in : Alhambra, Arcadia, Artesia, Avalon, Azusa, Baldwin Park, Bell, Bellflower, Bell Gardens, Beverly Hills, Bradbury, Burbank, Torrance Dui Attorney, Carson, Cerritos, Claremont, Commerce, Compton, Covina, Cudahy, Culver City, Diamond Bar, Downey, Duarte, El Monte, El Segundo, Gardena, Glendale, Glendora DUI, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, Huntington Park, Industry, Inglewood, Irwindale, La Canada, Flintridge, La Habra Heights, Lakewood, La Mirada, Lancaster, La Puente, La Verne, Lawndale, Lomita, Long Beach, Los Angeles DUI, Lynwood, Malibu, Manhattan Beach, Maywood, Monrovia, Montebello, Monterey Park, Norwalk, Palmdale, Palos Verdes Estates, Paramount, Pasadena, Pico Rivera, Pomona, Rancho Palos Verdes, DUI Redondo Beach, Rolling Hills, Rolling Hills Estate, Rosemead, San Dimas, San Fernando, San Gabriel, San Marino, Santa Clarita, Santa Fe Springs, Santa Monica, San Pedro, Sierra Madre, Signal Hill, South El Monte, South Gate, South Pasadena, Temple City, Torrance, Vernon, Walnut, West Covina, West Hollywood, Westlake Village, Whittier, Hermosa Beach, Redondo Beach Manhattan Beach and Torrance California, DUI Attorney Torrance, DUI Attorney Gardena, DUI Attorney Long Beach, DUI Attorney Redondo Beach, DUI Attorney Manhattan Beach, DUI Lawyer Torrance, DUI Lawyer Hermosa Beach, DUI Newport Beach , Los Angeles County DUI Agoura Hills, Alhambra, Angeles Vista, Artesia, Azusa, Baldwin Park, Bellflower, Beverly Hills, Big Pines, Boyle Heights, Burbank, Carson, Cerritos, Chatsworth, CIty Terrace, Claremont, Commerce, Compton, Covina, Culver City, Downtown LA, Downey, Eagle Rock, El Monte, El Segundo, Flintridge, Foothill Division, Gardena, Glendale, Glendora, Granada Hills, Hawaiian Gardens, Hawthorne, Hermosa Beach, Hidden Hills, HIghland Park, Highway Highlands, Hollywood, Industry, Inglewood, Irwindale, Korea Town, La Canada, La Cresenta, La Habra Heights, La Mirada, La Puente, La Verne, Lakewood, Lancaster, Lennox, Little Rock, Little Tokyo, Lomita, Long Beach, Los Angeles, Los Feliz, Los Nietos, Lynwood, Manhattan Beach, Marina Del Rey, Monterey Park, Montrose, Northridge, Norwalk, Palmdale, Palos Verdes Estates, Paramount, Pearl Blossom, Pico Rivera, Pomona, Rancho Palos Verdes, Redondo Beach, Reseda, Rolling Hills Estates, San Fernando, San Gabriel, San Pedro, Santa Clarita, Santa Fe Springs, Santa Monica DUI , Signal Hills, Sylmar, Temple City, Three Points, Torrance, Valinda, Van Nuys, , Verdugo City, Viewpark, Walnut, West Covina, West Hollywood, Westlake Village, Whittier, Wilmington Orange County Aliso Viejo, Anaheim, Balboa Island, Brea, Buena Park, Capistrano Beach, Corona Del Mar, Costa Mesa, Coto de Caza, Cowan Heights, Cypress, Dana Point, El Modena, El Toro, El Toro Marine Base, Foothill Ranch, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Irvine, La Habra, Laguna Beach, Laguna Hills, Laguna Niguel, Lake Forest, Leisure World, Lemon Heights, Los Alamitos, Mission Viejo, Modjeska Canyon, Newport Beach, Orange, Orange Park Acres, Placentia, Rancho San Margarita, Rossmoor, San Clemente, Santa Ana, Seal Beach, Silverado Canyon, Stanton, Sunset Beach, Surfside, Tustin, Villa Park, Westminster, Yorba Linda, Riverside, Rodea, Romoland, Sage, San Jacinto, Santa Ana Canyon, Soboba, Sun City, Temecula, Temescal Canyon, San Bernardino County Adelanto, Angles Oaks, Apple Valley, Bloomington, Chino, Chino Hills, Colton, El Mirage, Etiwanda, Forest Falls, Grand Terrace, Helendale, Hesperia, Highland, Loma Linda, Lucerne Valley, Mentone, Montclair, Ontario, Oro Grande, Phelan, Pinon Hills, Rancho Cucamonga, Redlands, Rialto, San Bernardino DUI, Victorville DUI , Wrightwood, Yucaipa Drunk Driving Attorney and Lawyer in California, DUI consequences, DUI Attorney assisstance, DUI Help, DUI, DWI and Drunk Driving Legal Advice in California, DUI and DWI Court Information and DUI Law in California. © 2005 Braden & Tucci All rights reserved Legal Disclaimer 82 Discovery - Irvine - California 92618 Telephone: (949) 872-2700 Facsimile: (949) 872-2708

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Tennessee DUI Guide: Car Insurance Everything You Need to Know About First Offender DUI / DWI, Drinking Driving and Drugs Home | State By State Help | DUI Lawyers | Insurance Help | Breath Testers | DUI Videos Other States Tennessee Topics Tennessee DUI Tennessee Car Insurance Tennessee DUI Lawyers Google Search Results Tennessee Auto Insurance Since 1993, InsureMe has helped countless consumers save money on their auto insurance. Fast, easy and free. With our free service, enter your information once and you are instantly matched with the most competitive companies in the business. You'll get back up to five quotes so you can compare and save. At InsureMe, we shop your insurance so you don't have to. Your privacy is important to us. At InsureMe, we use the highest level of security available to safeguard your personal information. We hate spam just as much as you do, so we'll never sell or rent your email address for mass marketing. Why not get started today? Get Quote Now Home > State By State Help > Tennessee DUI > Car Insurance DISCLAIMER : This website provides only general information intended for those charged with drunk driving offenses. The information and news items on the site are for information only. This information is not legal advice, nor is it intended to create any binding advisory relationship. Do not take action based upon this information unless you consult with an attorney or other specialist. © 2005 Drivers Research Institute   All Rights Reserved   Send eMail   Advertise With Us

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Broome County STOP DWI Program :: Broome County, NY Thursday - January 26, 2006 updates search feedback depts contact home Contact Information Community Departments Economic Development Election Board Employment Human Services Health Department Parks/Arena/Forum Press Releases Public Works/Recycling Transportation Contact Information Community Departments Economic Development Election Board Employment Human Services Health Department Parks/Arena/Forum Press Releases Public Works/Recycling Transportation Program Overview Contact Us Program Plan Info Pamphlets DWI Statistics Important Links Press Releases Crime Victims Assistance Local Police Agencies Accident Report Guide Danielle 5K Run/Walk Chris Thater Memorial CTM Race Photos STOP-DWI Holiday Classic Flash Introduction SADD SADD Contract Site Map [Test for Acrobat Reader] Home : BC STOP DWI : BC STOP DWI P.O. Box 1766 Binghamton, NY 13902 Phone: 607.778.2056 Fax: 607.778.2908 bcstopdwi@co.broome.ny.us Mission Statement To develop and coordinate a comprehensive DWI counter-measure program to deter the incidence of drunk driving and the occurrence of alcohol related fatal and personal injury traffic crashes. Program Description STOP-DWI stands for "Special Traffic Options Program for Driving While Intoxicated". The STOP-DWI Program was enacted by the State Legislature in 1981 for the purposes of empowering county governments to coordinate local efforts to reduce alcohol and other drug-related traffic crashes within the context of a comprehensive and financially self-sustaining alcohol and highway safety program. Funding STOP-DWI funding is limited to enhancement programs which reduce the incidence of drunk driving and is supported entirely by the fines paid by people convicted of driving while intoxicated. STOP DWI funding is limited to enhancement programs, which reduce the incidence of drunk driving. Application of DWI fine revenues and fund balance covers the fiscal year program expenses at no cost to local taxpayers. Broome County STOP DWI - A Success Story Drunken driving fatalities have decreased by 86% since 1981. The number of people injured in alcohol-related crashes has decreased by 53% since 1981. Single vehicle nighttime personal injury and fatal crashes have decreased by 58%. "Weekend" nighttime personal injury and fatal accidents have decreased by 51%. Drivers age 20 and under have decreased their involvement in alcohol-related crashes by 65% since 1981. Law Enforcement Funds the STOP DWI Task Force Program with Binghamton, Johnson city, Endicott and Vestal Police agencies that features the specially marked, highly visible STOP DWI patrol cars. Funds special DWI patrols with the Broome County sheriff's Office, Deposit Police and Port Dickinson Police. Purchase radar equipment and accident reconstruction supplies for the New York State Police. Sponsors specialized training programs for police officers. Funds a video program in which DWI offenders are videotaped at the scene of arrest and at police station. Prosecution Funds Assistant District Attorney to specialize in DWI prosecution. Supports the Crime Victims Assistance Program's DWI Victim Impact Panel that requires DWI offenders to go before victims of DWI cases to listen to their stories and learn of the tragedies that result from drunk driving. Public Information and Education Funds specialized education programs for enforcement, prosecution, and education and treatment professionals who deal with various aspects f the drunk driving issue. Funds a comprehensive print, billboard, radio and television promotion campaign. Coordinates SADD (Students Against Destructive Decisions) activities in Broome County. Provides and/or coordinates speakers, films, assemblies, displays and printed materials to schools and other organizations. Sponsors special events, using the popularity of sports to promote the STOP DWI message to youth and the community. Danielle 5K Run/Walk - 1st Sunday of May. STOP DWI Tournament of Champions - Girls fastpitch Softball Tournament held in mid July. Chris Thater memorial - Last weekend of August. International cycling, running and in-line skating event. STOP DWI Holiday Classic - December 27-29 each year. National invitational high school boys basketball tournament. Conduct TIPS (Training for Intervention Procedures) training which is an alcohol training awareness program. It is designed to teach acceptable standards of practice for serving alcohol at concessions and on premises. Probation Funds a Senior Probation Officer to supervise DWI cases and sponsors in-service training opportunities. Funds an on-going recidivism study, which reveals a very low rearrest rate for DWI Probationers. Supports an in-house random drug-testing program for DWI Probationers. Administration Work with the STOP DWI advisory board, local officials and public and private community groups to develop a comprehensive DWI counter measure program in Broome County. Monitor and evaluate traffic accident data to assess the effectiveness of Broome County's STOP DWI effort. Seek private/corporate sponsorship to help finance law enforcement and education/promotional programs. Other Achievements Since 1991, STOP DWI has won twelve Binghamton Ad Club Genesis Awards for its print and television ad campaigns to prevent DWI. In 1995 and 1999 a STOP DWI commercial won first place in the New York State Broadcasters Association Public Service Announcements division. Received a 1995 Project Price Award from the Broome County Chamber of Commerce. Danielle Stento 5K Run/Walk has raised over $200,000 since the event began in 1992 to benefit local organizations that deal with the DWI issue. STOP DWI Holiday Classic rated one of the top high school boys basketball tournaments in the United States. Recognized as the outstanding alcohol education/prevention program in New York State 1994. Chris Thater Memorial, held in memory of DWI victim, is one of North America's top pro cycling events. The event also includes a national caliber 5K Run and In-line skating. Recognized as the outstanding alcohol education/prevention program in New York in 2001. STOP DWI Coordinator received the Honorable Senator William T. Smith Award in 1994 for his contribution to the STOP DWI effort in New York State. STOP DWI Coordinator received the Community Service Award by the New York State Athletic Administrators Association in 1997 for his work with substance abuse and athletics. STOP DWI Coordinator received the 2001 Liberty Bell Award by the Broome County Bar Association for his contribution to the criminal justice system. STOP DWI Coordinator received the 2002 New York State Safe and Sober STOP DWI Coordinator Award by the New York State Division of Criminal Justice Service and Mothers Against Drunk Driving for outstanding dedication to highway safety efforts in New York State. BC STOP DWI 2005 Program Plan | home | what's new | search | feedback | privacy | legal | info | site map | send2friend | translate | | Email: BC STOP DWI | © 1999 - 2006 Broome County Government This site best viewed using the following: IE 4+ , Opera 5+ , or Netscape 6+ with JavaScript and Cookies enabled and at a resolution of 800 x 600 or greater. Downloads require Adobe Acrobat Reader [Test] or QuickTime Viewer . page last modified: November 30 2005 14:33:42.

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State Laws Menu Statistics History Education Coalitions Victims Impact NYS Drunk Driving Laws Tips for Parents What Can Happen Keg Registration Press Releases Goals & Achievements DWI Home N.Y.S. DRUNK DRIVING LAWS The Rockland County Stop-DWI Office provides the following information on the law and penalties for conviction of operating a motor vehicle while under the influence of alcohol or drugs. Tougher penalties are levied for convictions of Driving While I ntoxicated (DWI) and Driving While Ability Impaired by Alcohol (DWAI) while operating a commercial motor vehicle and significantly increase when transporting passengers for hire, children, (school bus) dangerous cargo and hazardous materials. Additionally, the required blood alcohol concentration, (also referred to as BAC) necessary to obtain a conviction for DWI/DWAI is significantly lower when operating commercial motor vehicles. Stop-DWI wants you to understand the consequences of driving under the influence of alcohol or drugs. Alcohol and drug impaired driving continues to be a major problem in the United States responsible for approximately seventeen thousand deaths each year. A significant number of these deaths involve underage drinking and young adults between the ages of sixteen to twenty-one years old. We strongly endorse the message conveyed by the law - it does not pay to drink and drive. New York State recently passed legislation lowering the blood alcohol concentration (BAC) necessary to sustain a conviction for Driving While Intoxicated from .10% to .08%. Studies have shown that motorists with a .08% BAC experience significant reductions in the performance of critical tasks such as braking, steering, lane changing, distance perception and judgment. Moreover, research indicates that impairment occurs at much lower blood alcohol concentrations of .01% to .03%. A person can reach a BAC of .01% by consuming just three ounces of whiskey, one wine cooler or one can of beer. Such impairment can have a detrimental effect on your ability to operate a motor vehicle depending upon the drivers emotional state, body weight, fatigue level, tolerance, and body chemistry. Therefore, you must understand that intoxication is a condition that exists within the mind and can be induced by small amounts of alcohol or other drugs and intensified by a persons physiological composition and emotional state. Keep these facts in mind and remember that alcohol effects each person uniquely and to differing degrees. The decisions you make may very well save your life and the lives of your family, friends and other innocent people. Fine & Drivers License Sanctions Section 1192 N.Y.S. V&T Law as of November 10, 2003 Driving While Ability Impaired By Alcohol 1192.1 - Private Passenger Vehicle Driving While Ability Impaired By Alcohol 1192.1 - Commercial Motor Vehicle Driving While Intoxicated 1192.3 & Driving With .08 Or More Blood Alcohol Content 1192.2 - All Vehicles Driving While Ability Impaired By Drugs 1192.4 All Vehicles Operating A Motor Vehicle Under The Age Of 21 After Consuming Alcohol - Also Known As The Zero Tolerance Law - Private Passenger Vehicle Refusal To Submit To A Chemical Test Of Your Blood, Breath Or Urine To Determine Drug/Alcohol Content Digested Version of DWI Laws 1192-A Zero Tolerance Law - Violation. Operate a motor vehicle with a BAC of .02 to .07 by a person under 21 years old. 1192-1 Driving While Ability Impaired Alcohol - Traffic Infraction. Operate a motor vehicle while ability impaired by alcohol. 1192-1 Driving While Ability Impaired Alcohol - Misdemeanor. Operate a special vehicle while ability impaired by alcohol. Taxi/livery vehicle with paying passenger, or a non-commercial motor vehicle weighing more than 18000 lbs. but not more than 26000 lbs.---i.e. motor homes and recreational vehicles. 1192-1 Driving While Ability Impaired Alcohol - Misdemeanor. Current charge escalates to a misdemeanor if two prior convictions in N.Y.S. within ten years of any 1192 offense. 1192-1 Driving While Ability Impaired Alcohol - Felony. Operate a special vehicle plus prior conviction for special vehicle within ten years. 1192-2 Driving with .08 or More BAC - Misdemeanor. Operate a motor vehicle with a BAC of .08 or more. Escalates to a felony with prior conviction in N.Y.S. for 1192-2 or 3 within ten years or a conviction of Vehicular Assault or Vehicular Manslaughter. Charge will also escalate to a felony if operating a more than 18000-lb. motor vehicle carrying dangerous cargo or operating a school bus with passengers. 1192-3 Driving While Intoxicated - Misdemeanor. Operate a motor vehicle while intoxicated. Escalates to a felony with a prior conviction in N.Y.S. for 1192-2 or 3 within ten years or a conviction of Vehicular Assault or Vehicular Manslaughter. Charge will also escalate to a felony if operating a more than 18000lb. motor vehicle carrying dangerous cargo or operating a school bus with passengers. 1192-4 Driving While Ability Impaired by Drugs - Misdemeanor. Operate a motor vehicle under the influence of drugs. Charge escalates to a felony with a prior conviction in N.Y.S. of 1192-4 within ten years. 1192-5 DWAI - Commercial Motor Vehicle Level I -Traffic Infraction. Operate a commercial motor vehicle with .04 or more, but not more than .06 BAC. 1192-6 DWAI - Commercial Motor Vehicle Level II - Misdemeanor. Operate a commercial motor vehicle with more than .06, but less than .08 BAC. If two prior convictions in N.Y.S. for 1192-1,2,3,4,6 within five years and one charge is a misdemeanor the current charge escalates to a felony.