Driving under the influence of alcohol or drugs is an offense under New York’s Vehicle and Traffic Law Section 1192. This section of law has numerous subsections describing each offense. For example, subsection (1) of 1192 is a violation of driving while ability impaired, while subsection (4) of 1192 is a misdemeanor of driving while ability impaired by drugs.
The two most commonly charged offenses under Vehicle and Traffic Law Section 1192 are subsections (2) driving while intoxicated per se and, and (3) driving while intoxicated. Each offense is a misdemeanor. Both offenses can, and typically are charged together where a defendant is alleged to have .08 of 1%, or more Blood Alcohol Content (B.A.C.) while operating a motor vehicle.