While nobody wants to find themselves as the subject of a New York DWI or DUI arrest, I don’t think anyone could legitimately argue that New York drunk driving laws are firm, serious and potentially devastating for a good reason. As a New York DWI lawyer and DUI attorney as well as a former Manhattan prosecutor assigned to the DWI Unit, I have seen some ugly cases where terrible accidents resulted from driving while intoxicated. Simply, New York VTL 1192 and its various subsections serve a very legitimate purpose in protecting the public.
With the understanding that the laws to protect our roads serve a tremendous purpose, one should not ignore or disregard the fact that people are accused of driving drunk when they may not be remotely intoxicate or impaired. Even assuming there is consumption of alcohol, that consumption may not rise to a criminal level. Regardless of your reason to challenge an arrest for DWI, police must act properly and you have the ability to exercise your rights and protect the same. Was there sufficient probable cause for the police to stop you? Was the intoxilizer or chemical test conducted wrongfully or was the machine not in proper working order? Despite the contention of the police that you failed a field sobriety test, was his or her opinion skewed or is there a non-alcohol related reason why you could not keep your balance? While the following case did not end up favorable to the defendant, can an argument be made that where the police do not find you in your vehicle or your vehicle is not moving (driving), there is not enough sufficient evidence to find you guilty of DWI?