Law Enforcement

LAW ENFORCEMENT

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 Intoxicated (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

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.