While most spectators who attend sporting events and concerts in the Buffalo area are responsible in their consumption of alcohol at the event, we are all aware that there are individuals who are kicked out of these events for drunk and disorderly conduct.
Unfortunately, some individuals who have been ordered to leave the premises by event security will have driven themselves to the event and, as a result, they return to their vehicles and drive away when they leave.
While it may be bad judgment on the part of event security to send someone under the influence of alcohol back to their car when throwing them out of an event, the fact that the driver had been ordered off of the premises is not a defense if the driver is subsequently arrested for Driving While Intoxicated.
As far as the law of New York State is concerned, anyone who has chosen to consume alcohol to the point of intoxication should make other arrangements for transportation besides driving themselves, even if this means leaving their car in a parking lot or possibly being towed.
Ultimately, while the security at the event may have forced the defendant charged with DWI to leave the premises, the defendant rarely be considered to have been forced to drive while in an intoxicated condition.
The criminal justice system will, in most situations, view the defendant’s decision regarding how to depart as a choice made by the defendant.
Anyone attending a sporting event or concert who intends to consume more than a modest amount of alcohol is strongly encouraged not to drive themselves to the event.
If you have been arrested for drinking and driving and need legal help, call us at 585-484-7432.