You’ve just been arrested and charged with driving while intoxicated and you want to know why you were given two pieces of paper that both charge you with DWI.
The answer is that when you submit to a chemical test and you blow over the legal limit (0.08) you are then charged under a subdivision 2 of the Vehicle and Traffic Law (VTL) section 1192 statute.
However, the arresting officer will also write you up for another subdivision of the same statute (subdivision 3) which has to do with that officer’s observations of you.
What this amounts to is two different theories of prosecution for one DWI charge. This is NOT a double prosecution. Both theories are heard at the same time in the same proceeding.
Why are you charged twice?
The reasoning behind this is that your defense lawyer may be able to get the reading thrown out for some reason. If this happens then the prosecution can continue under the other theory…that the officer in his/her experience believed that you were over the limit and you were intoxicated.
DWI charges carry serious consequences. If you are charged with a DWI you need the best criminal defense lawyer you can find.
Call the Law Office of Naiburg Obedin and Weissman for a free consultation to discuss all aspects of your case at (631) 979-7777.