Under New York law, a variety of alcohol- and drug-related driving offenses fall under VTL § 1192. These include driving while intoxicated (DWI), driving while ability impaired by alcohol or drugs (DWAI), aggravated DWI (high blood alcohol content), and impaired driving by combination of alcohol and drugs. Some people call this Driving Under the Influence (DUI), but the correct legal term in New York State is DWI.
Although NYS has legalized marijuana usage, it is unlawful to drive while under the influence of marijuana if it impairs your ability to drive.
In short: even if BAC does not reach 0.08%, or if drugs (instead of or in addition to alcohol) are involved, prosecutors may still charge impaired driving under VTL § 1192.
A conviction or plea under any VTL § 1192-related offense can carry severe consequences—not only criminal, but also long-term collateral effects:
Because New York law treats impaired driving very broadly—whether by alcohol, drugs, or both—what may seem like a “minor” stop could lead to serious criminal exposure.
A DWI charge can threaten your freedom, driving privileges, job, and future. Our firm provides assertive, strategic representation for clients facing any type of alcohol- or drug-related driving charge. We work to protect your rights, challenge the evidence, and pursue the best possible outcome, whether that means a dismissal, reduction to a non-criminal offense, or winning at trial. Our firm has successfully defended hundreds of DWIs, from first offenses to vehicular homicides with underlying DWI charges.
Every step—from your first contact with the police to arraignment, refusal hearings, discovery review, pre-trial hearings, plea bargaining, and trial—should be taken with an experienced local attorney.
THE INFORMATION PROVIDED IS NOT MEANT TO TAKE THE PLACE OF A CONSULTATION WITH AN EXPERIENCED LOCAL CRIMINAL DEFENSE ATTORNEY.
FAQS
Lo Piccolo Law
is dedicated
to protecting your rights, your freedom,
and your future at
every stage of
your case.
Police will either hold a person to see a Judge within 24 hours OR they will be issued a Desk Appearance Ticket. Either way, an attorney should be retained for the first court appearance. Please contact us if we can help you or a loved one.
Most court appearances are logged in the New York State Courts
database, commonly referred to as WEBCRIMS.
https://iapps.courts.state.ny.us/webcrim_attorney/DefendantSearch
Please note that mis-spelling is common and that Desk Appearance
Tickets may not appear until a few days before the date on the ticket
OR not at all. Sometimes, these cases will not be logged into the system
until after that first initial appearance.
New York State Courts, as well as local village courts can be found at: LINK
Federal Courts can be found https://www.uscourts.gov/
For Nassau County Jail
https://app.nassaucountyny.gov/Sheriff/inmate_visit/A.
For Suffolk County Jail
https://www.suffolkcountysheriffsoffice.com/visiting-information
There are rules for each visit so please review them when preparing
to visit a loved one or friend.
Courts provide a date for all payments. IF you are unsure of the date and/or amount of fines due, please contact the Court directly or your attorney.
What is Bail?
Bail is a securing order to ensure an accused’s return to court. IF Bail is
set, a person is detained at the local jail until bail is posted. If Bail is set,
it can be posted at arraignments if family is present, 24 hours a day at the
local jail and Monday through Friday between 9-4:30 p.m. at the Court.
If you are posting a Partially Secured Bond (please allow at least 2 hours
for this process).
contact Us
666 Old Country Road,
Suite 207
Garden City, NY 11530
