What Is NY VTL 1192(2) - DWI Per Se (.08+)? - Randall F. Inniss
Notas del episodio
From The Inniss Firm, PLLC - What Is NY VTL 1192(2) - DWI Per Se (.08+)? explains how New York Vehicle and Traffic Law § 1192(2) applies when a chemical test shows a blood alcohol content of .08% or higher. The episode examines why BAC evidence can become the central issue in a DWI per se case, even when a driver does not appear visibly intoxicated, and compares VTL 1192(2) with common law DWI under VTL 1192(3), DWAI under VTL 1192(1), and Aggravated DWI under VTL 1192(2-a).
Attorney Randall F. Inniss of The Inniss Firm, PLLC discusses how chemical testing may involve breath, blood, urine, or saliva, as well as the role of portable breath tests, the DataMaster DMT, calibration records, operator certification, chain of custody, and New York’s required 15-minute observation period. The episode also covers implied consent under VTL § 1194, chemical-test refusals, DMV administrative hearings, civil penalties, license revocation, and the ways refusal evidence may affect a criminal case.
Listeners will learn about potential penalties for a first, second, or third DWI per se offense, including misdemeanor and felony classifications, fines, jail or prison exposure, ignition interlock requirements, the Driver Responsibility Assessment, and participation in New York’s Impaired Driver Program. The discussion also addresses long-term consequences involving auto insurance, criminal and driving records, professional licensing, relicensing, immigration concerns, and possible sealing under New York law.
Drawing on Randall F. Inniss’s background as a former New York State Trooper, Certified Breathalyzer Operator, narcotics unit supervisor, Senior Security Director for the National Basketball Association, and Adjunct Professor of criminal justice at Genesee Community College, the episode explores defenses involving unlawful traffic stops, breathalyzer procedures, rising BAC, suppression motions, discovery violations, and speedy trial rights. It also explains how charges may be reduced to DWAI or dismissed and how The Inniss Firm, PLLC represents clients in Suffern Village Court, Rockland County Court, and courts throughout Rockland County, Orange County, Westchester County, and the Hudson Valley.
The Inniss Firm, PLLC
400 Rella Blvd #165, Suffern, NY 10901
(845) 533-0265