Mod 8 SFST

Alcohol Related Investigations

Assigned Readings

  • VEHICLE AND TRAFFIC LAWS
  • ARTICLE 31 – ALCOHOL AND DRUG RELATED OFFENSES (1192 – 1199)
  • Section 1196-7 – Conditional License (move from Mod 3)
  • SELECTED LAWS
  • Section 65, 65 a, 65-b – ABC LAW
  • Section 2-49a – NAVIGATION LAW
  • 21.01 – 25.25 – PARKS, RECREATION AND HISTORIC PRESERVATION
  • SECTION 25.03 – 25.25 SNOWMOBILES
  • FIELD MANUAL
  • ARTICLE 42 – DWI ENFORCEMENT

Summary of NY VTL §1192 Sections

Under New York Vehicle and Traffic Law §1192, the following subsections define alcohol- and drug-related driving offenses.

1192.1 — DWAI (Alcohol)

  • Operating a motor vehicle while ability is impaired by alcohol.

  • Often associated with BAC .06–.07.

  • Traffic infraction.

1192.2 — DWI (Per Se)

  • Operating a motor vehicle with BAC .08 or higher.

  • Intoxication proven through chemical test results.

  • Misdemeanor.

1192.2-a — Aggravated DWI

  • Operating with BAC .18 or higher.

  • Higher intoxication level with enhanced penalties.

  • Misdemeanor.

1192.2-a(b) — Aggravated DWI with Child Passenger

  • Operating a motor vehicle while intoxicated (under §1192), and

  • A passenger age 15 or younger is present.

  • Class E felony.

1192.3 — Common Law DWI

  • Operating a motor vehicle on a public highway while intoxicated by alcohol, regardless of BAC.

  • Proven through observations and evidence (driving behavior, SFSTs, etc.).

  • Misdemeanor.

1192.4 — DWAI (Drugs)

  • Operating while ability is impaired by a drug defined in NY Public Health Law.

  • Misdemeanor.

1192.4-a — DWAI (Combined Influence)

  • Operating while impaired by the combined influence of alcohol and drugs.

  • Misdemeanor.

1192.5 — Commercial Motor Vehicle DWI .04-.06

  • Applies to commercial motor vehicle (CMV) operators.

  • Operating a CMV with BAC .04 to .06.

  • Lower BAC threshold due to the higher safety standards for commercial drivers.

1192.6 — Commercial Motor Vehicle DWI .06-.08

  • Applies to commercial motor vehicle (CMV) operators.

  • Operating a CMV with BAC .06 to .08.

  • If carrying flammable or explosive hazmat, go back to 1192.1

PRIOR CONVICTION OF 1192-2, 2a,3, 4 OR 4a

  • A charge for a violation of VTL-1192-sub. 2, 2a, 3, 4 or 4a or of a conviction for any of the following Penal Law sections 120.03, 120.04, 120-04a, 125.12, 125.13 or 125.14 within 10 years of a prior conviction for any of the same subsections or sections, is a Class E FELONY.

 

  • A charge for a violation of VTL-1192-sub. 2, 2a, 3, 4 or 4a or of a conviction for any of the following Penal Law sections 120.03, 120.04, 120-04a, 125.12, 125.13 or 125.14 within 10 years of 2 prior convictions for any of the same subsections, is a  Class D FELONY.

1196-7 Conditional License

Allows certain drivers whose licenses are suspended or revoked for alcohol or drug offenses to receive a conditional license so they can drive for limited, essential purposes.

Key Points

  • Issued by the New York DMV.

  • Usually requires participation in the Impaired Driver Program (IDP).

  • Allows driving only for specific purposes, such as:

    • Employment

    • School

    • Medical treatment

    • Court obligations

    • IDP classes

    • Child care or family responsibilities

Important Conditions

  • Driver must enroll in and complete the IDP.

  • Driving privileges are restricted to approved activities only.

  • Violating the restrictions can result in revocation of the conditional license.

New York Vehicle and Traffic Law §1197

Purpose:
Makes it illegal to operate a vehicle outside the limitations of a conditional license issued under §1196.

Key Points

  • A person with a conditional license must strictly follow the permitted driving purposes.

  • Driving outside the authorized conditions is a violation.

  • Can lead to:

    • Revocation of the conditional license

    • Additional penalties or charges.

Vehicular Assault in the Second Degree - §120.03

A person is guilty of Vehicular Assault in the Second Degree when:

  • They operate a motor vehicle while intoxicated or impaired under New York Vehicle and Traffic Law §1192, and

  • Cause serious physical injury to another person, and

  • The injury is caused as a result of operating the vehicle while impaired or intoxicated.

Key Elements

To establish the offense, prosecutors must show:

  1. Operation of a motor vehicle

  2. Violation of VTL §1192 (DWI, DWAI, drugs, or combined influence)

  3. Serious physical injury to another person

  4. Causation — the injury resulted from the impaired operation.

Definition of Serious Physical Injury

Includes injuries that create:

  • Substantial risk of death

  • Serious and protracted disfigurement

  • Long-term impairment of health

  • Loss or impairment of an organ or bodily function

Endangering the Welfare of a Child - §260.10

A person is guilty of Endangering the Welfare of a Child when they knowingly act in a way that is likely to harm the physical, mental, or moral welfare of a child under 17 years old.

Key Elements

A person commits this offense when they:

  1. Act in a manner likely to be injurious to a child’s physical, mental, or moral welfare, or

  2. Direct or allow a child to engage in dangerous or illegal activity, or

  3. As a parent/guardian, fail to exercise reasonable diligence to control a child who becomes a juvenile delinquent or person in need of supervision (PINS).

Important Points

  • The child must be under 17 years old.

  • The defendant must knowingly engage in the conduct that creates the risk of harm.

  • Actual injury does not have to occur — the risk of harm is sufficient.

Common Examples

  • Driving while intoxicated with a child in the vehicle

  • Leaving a child in dangerous conditions

  • Exposing a child to drug use or criminal activity

  • Allowing a child to engage in dangerous or illegal behavior