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What is VTL § 1192(3), Driving While Intoxicated (DWI) by Jason Bassett Facing a drunk driving charge in Suffolk County can feel overwhelming, but understanding the law and knowing your options is the first step to protecting your future. In this video, we break down New York’s Vehicle and Traffic Law § 1192(3), also known as Common Law DWI. This statute applies when a person operates a motor vehicle while in an intoxicated condition, even without a breath or blood test. Unlike VTL § 1192(2), which requires proof of a blood alcohol concentration (BAC) of .08% or higher, § 1192(3) allows prosecutors to build a case based on officer observations, field sobriety tests, and behavior behind the wheel. Law Offices of Jason Bassett, P.C. 320 Carleton Ave # 4200, Central Islip, NY 11722, United States (631) 259-6060 https://jbassettlaw.com/ny-vehicle-an... https://www.google.com/maps?cid=69502... Attorney Jason Bassett, a seasoned criminal defense lawyer with over 21 years of experience, explains how these charges are handled in Suffolk County and throughout Long Island. As a former prosecutor, he brings valuable insight into how the Suffolk County District Attorney’s Office builds DWI cases. His firm, the Law Offices of Jason Bassett, P.C., has represented clients at the Suffolk County Traffic and Parking Violations Agency in Hauppauge, the First District Court in Central Islip, and courts in Islip and Riverhead. Many DWI cases begin with traffic stops on major roads like the Long Island Expressway, Sunrise Highway, or the Northern State Parkway. Officers from the Suffolk County Police Department and local municipal departments conduct regular patrols and checkpoints, especially through towns such as Huntington, Brookhaven, Smithtown, and East Hampton. If an officer observes signs of intoxication—such as slurred speech, poor balance, or an odor of alcohol—they may arrest you under § 1192(3) even if there is no BAC reading. This charge often arises when drivers refuse chemical tests, when test results are inadmissible, or when impairment is clearly visible despite a BAC below the legal limit. At the DMV, a refusal to submit to testing triggers a separate administrative hearing, usually held in Riverhead or Hauppauge. A Judicial Hearing Officer decides whether the refusal was valid and whether proper warnings were given. If the hearing goes against you, your license could be revoked for at least one year—even before your criminal case is resolved. Jason Bassett outlines several potential defense strategies, including challenging the legality of the traffic stop, questioning the accuracy of field sobriety tests, and presenting medical evidence when symptoms of intoxication may have another cause. He also discusses how Miranda rights violations and procedural errors can lead to the suppression of key evidence. New York’s Prompt Suspension Law allows courts to suspend your license at arraignment if your BAC was .08% or higher or if you're facing certain charges. However, drivers may qualify for a conditional license through the Impaired Driver Program, which allows limited driving during the revocation period. If you’re dealing with a VTL § 1192(3) charge in Suffolk County, get informed and take the next step. Jason Bassett and his team are ready to review your case and help you move forward with clarity. Call (631) 259-6060 today to schedule a confidential consultation with the Law Offices of Jason Bassett, P.C. What is a 11923 violation in NY? What happens if you get 3 DWI in NY? What is the meaning of the 1192 code? What is the VTL for DWI in NY?