Criminal Defense Lawyers

NY Vehicle and Traffic Law 1192.2 – Per Se DWI – .08 BAC

All states have drinking and driving laws. New York is no exception. However, in New York, there are multiple ways to be a drunk driver. One way to be a drunk driver is to drive while alcohol impairs your ability to drive in a normal manner. Another way to be a drunk driver is to operate a vehicle while your bodily alcohol level is over the legal limit.

What’s the legal limit?

In New York, the legal limit is a .08. That can be measured in your blood, breath or urine. Breath is the most common method of measurement followed by blood. There are different units of measurement that apply depending on the substance that they measure in your case, but in all cases, they work out to a legal limit of a .08. This is the same legal limit that applies in most places in the United States.

It doesn’t depend on your ability to drive

A per se DWI doesn’t depend on how well you drive. You may still be able to drive a vehicle perfectly well at a .08 blood alcohol level. You might even come to law enforcement’s attention because you’re in an accident because of someone else’s bad driving. Law enforcement might pull you over for a minor driving offense and not because of weaving in your lane. In the case of per se DWI, it doesn’t matter.

All law enforcement has to show to prove a per se DWI is that you drove a motor vehicle and that you did it when your bodily alcohol content was a .08 or more. That means they need to gather evidence that you drove a vehicle. They need to show that they gave you a test and that they gave the test properly and with safeguards to ensure its accuracy.

Potential penalties

The penalties for a per se DWI in New York can include fines, jail time and other consequences. Perhaps the most significant possible penalty is one year in jail. A conviction doesn’t necessarily mean that you’ll serve the entire year in jail, but the court has the option to sentence you to that much if they feel that it’s appropriate. They can also place you on probation for up to three years. They may order you to perform community service. The fine ranges from $500 to $1,000.

In addition to these penalties, another consequence that weighs in the minds of those charged with per se DWI is a six-month license suspension. In the case of a test refusal, the license suspension may be up to one year. There may be exemptions available, but in all cases, the potential license suspension waiting for a person convicted of per se DWI is significant.

On top of these penalties, the State of New York wants to help those who have DWI convictions address any drinking issues and help them understand the consequences of drunk driving. They want to make sure that first-time offenders don’t become repeat offenders if there are ways that they can receive treatment and educate themselves on the dangers of their behavior. For that reason, a per se DWI conviction may result in mandatory drunk driving education coursework. You may learn about the dangers of drinking and driving as well as hear from victims and their families about the impact that drunk driving can have on innocent victims.

Christine Twomey

2024-03-21

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Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

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Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

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2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Defending against a DWI per se charge

To defend against a DWI per se charge, you can work with your attorney to explore whether the test law enforcement gave you was proper. Law enforcement must take steps in order to ensure that their testing equipment works properly. They must take steps to safeguard the accuracy of the test. If they don’t take these steps, the result in your case may not be accurate.

In addition, you may be able to defend yourself against the charges on constitutional grounds. If the police violate your constitutional rights when they gather the evidence in your case, you may be able to ask the court to throw out the evidence. This usually happens on the grounds that the police violated search and seizure laws. The purpose of these laws is to prevent private individuals from having unreasonable police interference in their lives.

Preparing your best defense

When you face a DWI per se charge, you should work with your attorney to consider your best plan for a defense. Your best bet may be to file court motions alleging that the police violated your constitutional rights. You may want to take your case to a jury trial. In your case, it may be best to pursue a plea offer that lessens the potential consequences. Each case is unique, so it’s important to work with your attorney in order to determine the best course of action for you.