Suffolk County drunk driving defense attorney Jason Bassett is helping Long Island drivers better understand the serious legal consequences of being charged under New York’s Vehicle and Traffic Law § 1192(3), which defines the offense of Driving While Intoxicated (DWI) based on observed behavior rather than chemical test results. At the Law Offices of Jason Bassett, P.C. (https://jbassettlaw.com/ny-vehicle-and-traffic-law-1192-3-driving-while-intoxicated/), Attorney Bassett regularly defends individuals charged with DWI in Suffolk County courts, including those in Central Islip and Hauppauge, providing guidance on how to challenge charges and protect legal rights.
As a Suffolk County drunk driving defense attorney, Jason Bassett highlights that a VTL § 1192(3) DWI charge—also known as “Common Law DWI”—does not require a blood alcohol concentration (BAC) reading. Instead, prosecutors can rely solely on an officer's observations such as slurred speech, bloodshot eyes, or unsteady movements. This makes the charge both broad in scope and potentially subjective, which is why legal representation is so important. “Handling these charges requires an experienced legal advocate who understands both state law and local court procedures,” the article notes.
A key concern Suffolk County drunk driving defense attorney Jason Bassett raises is that many drivers may not realize they can still be charged with DWI under VTL § 1192(3) even if they haven’t taken or failed a breathalyzer test. This can happen in cases where test results are inadmissible, refused, or where impairment is alleged based on officer testimony alone. Attorney Bassett emphasizes that these charges are prosecuted aggressively in Suffolk County and can lead to jail time, fines, license revocation, and other long-term consequences.
VTL § 1192(3) states that “No person shall operate a motor vehicle while in an intoxicated condition.” Unlike other DWI-related charges under the same statute, this section allows prosecutors to proceed without BAC evidence. Attorney Jason Bassett explains that law enforcement typically builds a case based on physical and behavioral indicators, field sobriety test results, and driving behavior. Because these signs are subjective, they must be closely examined for inconsistencies and errors that could lead to a wrongful conviction.
In many instances, individuals charged under this statute are also accused under VTL § 1192(2), which requires a BAC of .08% or higher. Prosecutors may pursue both charges simultaneously to improve their chances of a conviction. Jason Bassett points out that even when breathalyzer results are thrown out, the prosecution can move forward on the § 1192(3) charge. This dual-charge strategy increases the importance of reviewing every detail of the arrest.
Attorney Bassett also outlines situations where this type of DWI charge is most likely: when a driver refuses a chemical test, when results are deemed inadmissible due to procedural flaws, or when someone appears visibly impaired even if their BAC is below the legal limit. Because the law allows for flexibility in evidence, the observations of arresting officers take on heightened significance.
One of the more critical parts of a DWI case under § 1192(3) is the definition of “operation.” According to Bassett, New York law doesn’t require the vehicle to be moving. If someone is found in a parked car with the engine on and the intent to drive can be inferred, that may be enough to satisfy this element of the charge.
In Suffolk County, court proceedings for DWI charges are typically held at the First District Court in Central Islip or other district courts depending on where the arrest occurred. The local legal environment plays a crucial role in the outcome of each case. Jason Bassett’s familiarity with these courts, their procedures, and local prosecutors adds strategic value for clients facing serious charges.
The penalties for a conviction under VTL § 1192(3) can be steep. First-time offenders may face up to one year in jail, fines up to $1,000, a six-month license revocation, mandatory installation of an ignition interlock device, and participation in the Impaired Driver Program. Repeat offenders face even harsher penalties, including felony charges, longer prison sentences, and higher fines.
Jason Bassett also points to several common defense strategies that can be used to challenge a DWI charge under VTL § 1192(3). These include questioning the legality of the traffic stop, exposing procedural errors in field sobriety tests, or presenting medical evidence that explains signs mistaken for intoxication. If Miranda rights were violated, any statements made during custodial interrogation may be excluded from evidence.
“Because the prosecution doesn’t need to prove a specific BAC, the officer’s observations and testimony become the centerpiece of a § 1192(3) case,” the article explains. This reliance on subjective testimony provides an opportunity for defense attorneys to carefully dissect the state’s evidence and raise doubts about its accuracy or reliability.
The consequences of a DWI conviction extend beyond criminal penalties. A conviction can impact employment, professional licensing, immigration status, insurance rates, and even child custody. Attorney Jason Bassett urges those facing DWI charges to seek immediate legal help, particularly when dealing with complex cases involving refusal hearings or prior offenses.
Jason Bassett encourages individuals charged with DWI under VTL § 1192(3) to take the matter seriously. Acting quickly can help preserve driving privileges, challenge improper procedures, and begin building a defense. The DMV also plays a role in these cases, particularly when a chemical test is refused. Administrative hearings at the DMV can result in license revocation independent of the criminal case.
Those who qualify for the Impaired Driver Program may be eligible for a conditional license that permits limited driving. However, if the DMV finds a valid chemical test refusal, conditional licenses are often unavailable, even with program enrollment.
About Law Offices of Jason Bassett, P.C.:
The Law Offices of Jason Bassett, P.C. is a Long Island-based criminal defense firm serving clients in Suffolk County and surrounding areas. Led by attorney Jason Bassett, the firm handles a wide range of criminal matters, including DWI defense, and provides personalized, strategic representation in both court proceedings and administrative hearings.
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Company Name: Law Offices of Jason Bassett, P.C.
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Phone: (631) 259-6060
Address:320 Carleton Ave # 4200
City: Central Islip
State: New York 11722
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Website: https://jbassettlaw.com/
