What is § 1192.2: Driving While Intoxicated; Per Se? - Jason Bassett

From Law Offices of Jason Bassett, P.C. – What is § 1192.2: Driving While Intoxicated; Per Se? explores the essential components of New York’s Vehicle and Traffic Law § 1192.2, which defines the legal standard for a “per se” DWI offense. This podcast episode breaks down what it means to be charged with driving while intoxicated based strictly on blood alcohol concentration (BAC), without requiring evidence of erratic driving or impairment. By focusing on the specifics of this statute, we uncover how legal thresholds can carry serious implications even for individuals who feel completely in control behind the wheel.

In this episode, we dive into the clear distinction between “per se” DWI charges under § 1192.2 and other forms of impaired driving offenses, such as those outlined in § 1192.3. While the latter requires proof of actual impairment, the former is based purely on a BAC of 0.08% or higher, or just 0.04% for commercial drivers, making it a more straightforward but potentially controversial charge. We discuss how the legal system treats these cases and the ways prosecutors use objective chemical tests to pursue convictions even in the absence of noticeable intoxication.

Listeners will gain insights into the real-world consequences of a § 1192.2 conviction, including license suspension, steep fines, and even jail time. The episode also covers how aggravating factors—like having a child in the vehicle—can elevate a standard DWI to an aggravated DWI under § 1192.2-a, which comes with enhanced penalties. Whether it’s your first offense or a repeat charge, understanding these escalating consequences is critical for anyone facing DWI allegations in New York.

Finally, we explore common defense strategies used by attorneys to challenge per se DWI charges. From questioning the calibration of breathalyzers to examining the procedures followed during blood testing, The Law Offices of Jason Bassett, P.C. offers a look at how legal defenses are crafted to protect the rights of the accused. Tune in to hear how these legal nuances play out in court, and why knowledgeable representation is essential when fighting a DWI charge under Vehicle and Traffic Law § 1192.2.

Law Offices of Jason Bassett, P.C. 

320 Carleton Ave # 4200, Central Islip, NY 11722, United States

(631) 259-6060

https://www.google.com/maps?cid=695024758410642184