VTL 1192 & 1192A

Question 1

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

1. Driving while ability impaired.
   No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol.

Answer 1

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

1. Driving while ability impaired.
   No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol.

Question 2

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

2. Driving while intoxicated
   No person shall operate a motor vehicle while such person has a blood alcohol content (BAC) of ____ or higher, as shown by chemical analysis of blood, breath, urine, or saliva..

Answer 2

0.08%

Question 3

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

2-a Aggravated driving while intoxicated
No person shall operate a motor vehicle while such person has a blood alcohol content (BAC) of _____ or higher.

Answer 3

0.18%

Question 4

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

2-B With a child.
It is illegal to drive while intoxicated or impaired by drugs while a child who is ___ years of age or younger is a passenger in the vehicle

Answer 4

15

Question 5

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

3. Driving while intoxicated.
   No person shall operate a motor vehicle while in an intoxicated condition.

Answer 5

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

3. Driving while intoxicated.
   No person shall operate a motor vehicle while in an intoxicated condition.

Question 6

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

4. Driving while ability impaired by drugs.
   No person shall operate a motor vehicle while the person’s ability to operate such a motor vehicle impaired by the use of a drug

Answer 6

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

4. Driving while ability impaired by drugs.
   No person shall operate a motor vehicle while the person’s ability to operate such a motor vehicle impaired by the use of a drug

Question 7

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

4-a Driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs.
No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs.

Answer 7

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

4-a Driving while ability impaired by the combined influence of drugs or of alcohol and any drug or drugs.
No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the combined influence of drugs or of alcohol and any drug or drugs.

Question 8

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

5. Commercial motor vehicles: per se - level I.
   Generally, drivers of commercial vehicles cannot have a BAC of ____to _____
   Persons under the age of twenty-one that drive commercial vehicles cannot have a BAC of _____to______

Answer 8

0.04% to 0.06%…. 0.02% to 0.04%.

Question 9

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

6. Commercial motor vehicles; per se - level II.
   Commercial vehicle drivers cannot have a BAC of ________

Answer 9

0.06% to 0.08%.

Question 10

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

7. Where applicable:

• The provisions of this section shall apply to public highways, private roads open to motor vehicle traffic and any other parking lot.
• The provisions of this section do not apply to any area of private property where a one or two family home is situated.

Answer 10

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

7. Where applicable:
   The provisions of this section shall apply to public highways, private roads open to motor vehicle traffic and any other parking lot.
   The provisions of this section do not apply to any area of private property where a one or two family home is situated.

Question 11

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

8. If you are convicted of DWI in another state, and the same conduct would have been a DWI in New York, your out-of-state conviction will be treated as a prior DWI conviction in New York for purposes of determining penalties and administrative action.

Answer 11

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

8. If you are convicted of DWI in another state, and the same conduct would have been a DWI in New York, your out-of-state conviction will be treated as a prior DWI conviction in New York for purposes of determining penalties and administrative action.

Question 12

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

8-a Generally, a prior finding that a person under 21 operated a motor vehicle after consuming alcohol (VTL 194-a) shall have the same effect as a prior conviction of a violation of subdivision 1 (operating a motor vehicle while impaired by alcohol) for the purpose of determining length of license suspension or revocation.

Answer 12

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

8-a Generally, a prior finding that a person under 21 operated a motor vehicle after consuming alcohol (VTL 194-a) shall have the same effect as a prior conviction of a violation of subdivision 1 (operating a motor vehicle while impaired by alcohol) for the purpose of determining length of license suspension or revocation.

Question 13

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

9. Conviction may be for a charge different from that laid before court, regardless of whether or not such conviction is based on a plea of guilty.

Answer 13

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

9. Conviction may be for a charge different from that laid before court, regardless of whether or not such conviction is based on a plea of guilty.

Question 14

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

10. Plea bargain limitations

(a)
(i) If charge is based on sub 2, 3, 4 or 4a of this section, plea of guilty must include at least a plea of guilty to violation of one of provisions of one of subdivisions of this section, other than 5 or 6 [Commercial motor vehicles) (unless DA consents and court approves a different plea).

Answer 14

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

10. Plea bargain limitations

(a)
(i) If charge is based on sub 2, 3, 4 or 4a of this section, plea of guilty must include at least a plea of guilty to violation of one of provisions of one of subdivisions of this section, other than 5 or 6 [Commercial motor vehicles) (unless DA consents and court approves a different plea).

Question 15

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

10. Plea bargain limitations

(a)

(ii) If charge is based on sub 2, 3, 4 or 4a of this section, no plea of guilty to sub 1 shall be accepted unless plea includes requirement that defendant attend drug and alcohol rehabilitation program (unless DA and court agree otherwise).

Answer 15

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

10. Plea bargain limitations

(a)

(ii) If charge is based on sub 2, 3, 4 or 4a of this section, no plea of guilty to sub 1 shall be accepted unless plea includes requirement that defendant attend drug and alcohol rehabilitation program (unless DA and court agree otherwise).

Question 16

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

10. Plea bargain limitations

(A)

(iii) If charge is based on sub 1 and person is under ____ , plea of guilty must include a plea of guilty to violation of such subdivision, unless DA consents and court approves.

Answer 16

$21.00

Question 17

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

10. Plea bargain limitations
    (b) If charge alleges violation of sub 1 or 6 of this section while operating a commercial motor vehicle, plea of guilty must include a plea of guilty to violation of provisions of one of subdivisions of this section, unless DA consents and court approves a different plea.

Answer 17

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

10. Plea bargain limitations
    (b) If charge alleges violation of sub 1 or 6 of this section while operating a commercial motor vehicle, plea of guilty must include a plea of guilty to violation of provisions of one of subdivisions of this section, unless DA consents and court approves a different plea.

Question 18

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

10. Plea bargain limitations

(c) Generally, if charge is sub 1 of this section and person is under 21, court with consent of both parties may allow satisfaction of charge by the defendant’s agreement to be subject to action by commissioner (VTL 1194-a).

• In such case, defendant shall waive right to hearing and waiver shall have force and effect as a finding of a violation pursuant to VTL 1194-a.
• Defendant shall execute waiver in open court on a form provided by commissioner which shall be forwarded to court by commissioner within _____ hours.
• To be valid, such form must contain clear and conspicuous language advising defendant that:
• • (i) waiver has same force and effect as a finding pursuant to VTL 1194-a,
• • (ii) waiver shall subject defendant to sanctions as per VTL 1194-a, and
• • (iii) may subject defendant to increased sanctions upon a subsequent violation of this section or VTL 1192-a.
• • • Upon receipt of waiver, commissioner shall take administrative action and impose sanctions as per VTL 1194-a.

Answer 18

96

Question 19

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

10. Plea bargain limitations

(d) If charge alleges violation of sub 2-a (AGGRAVATED DRIVING while intoxicated), any plea of guilty must include at least a plea of guilty to a violation of sub 2 and 2-a or 3, unless DA consents and court approves.

Answer 19

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

10. Plea bargain limitations

(d) If charge alleges violation of sub 2-a (AGGRAVATED DRIVING while intoxicated), any plea of guilty must include at least a plea of guilty to a violation of sub 2 and 2-a or 3, unless DA consents and court approves.

Question 20

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

11. Law Enforcement Codes:

D = _________
(b) officer shall make appropriate report in accordance with article 6 of social services law.

Answer 20

Death of person other than person charged

Question 21

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

11. Law Enforcement Codes:

SPI = ____________

(b) officer shall make appropriate report in accordance with article 6 of social services law.

Answer 21

Serious physical Injury

Question 22

1192 1192 Operating a motor vehicle while under influence of alcohol or drugs

11. Law Enforcement Codes:

CIV = ______________
(b) officer shall make appropriate report in accordance with article 6 of social services law.

Answer 22

Child less than 15 in vehicle

Question 23

1192-a Operating a motor vehicle after having consumed alcohol; under the age of twenty-one

For purposes of this section, a person under 21 is deemed to have consumed alcohol only if he has______ of one per cent or more but not more than ________ of one per cent by weight in person’s blood as shown by chemical analysis of blood, breath, urine, or saliva.

Answer 23

0.02……. .07

Question 24

1192-a Operating a motor vehicle after having consumed alcohol; under the age of twenty-one

A person who violates this section and not charged with a violation shall be referred to the __________ for action.

Answer 24

department

Question 25

1192-a Operating a motor vehicle after having consumed alcohol; under the age of twenty-one

This section shall not apply to a person who operates a ______________ .

Answer 25

commercial motor vehicle

Question 26

1192-a Operating a motor vehicle after having consumed alcohol; under the age of twenty-one

A finding that a person under 21 operated a motor vehicle after having consumed alcohol in violation of this section is not a judgment of ___________

Answer 26

conviction.