What is the difference between Driving While Intoxicated & Driving While Impaired?
The distinction is significant. Driving While Intoxicated is an unclassified Misdemeanor offense in violation of Vehicle & Traffic Law 1192 (2) and (3). That is, a conviction for Driving While Intoxicated will leave the operator with a criminal record and expose him to enhanced sentencing for subsequent DWI convictions, including elevation to a felony offense. A conviction for Driving While Impaired by the consumption of alcohol is a traffic infraction in violation of VTL 1192.1 and not a crime. It will not result in the operator having a criminal record. The predicate blood alcohol level for the misdemeanor offense of Driving While Intoxicated (VTL 1192.2) was recently lowered from .10% to .08%. A blood alcohol content of at least .05% but less than .07% is evidence that the driver was Impaired by the consumption of alcohol. (VTL 1192.1) What are the penalties for driving while intoxicated as compared with diving while impaired? The Driving While Intoxicated statute provides for a sen
