New York State law has a number of different alcohol and drug related driving offenses.

Which of these offenses applies in a given case depends on factors such as the condition of the driver, the type of vehicle driven, and whether drugs, alcohol or both are involved.

As experienced Rochester DWI lawyers, we understand the proof required for each of these different offenses.

Driving While Intoxicated is one of the most commonly charged drinking and driving offenses in the Rochester area.

While this crime forbids operating a motor vehicle in an intoxicated condition, nowhere in the statute does it define what it actually means to be “intoxicated.”

As a result, it has been left to the courts of New York State to define the proof necessary to establish that a driver was legally intoxicated.

While courts have, in some cases, applied different definitions of intoxication, the one most commonly used states that a driver is considered intoxicated when, as a result of having voluntarily consumed alcohol, he or she is incapable of employing the physical and mental abilities needed to operate a vehicle as a reasonable and prudent driver.

When attempting to establish at trial that a defendant was incapable of using the physical and mental abilities needed to operate a vehicle as a reasonable and prudent driver, the prosecution may present evidence such as poor driving on the part of the defendant, poor performance on any field sobriety tests, a high score on any breath test taken by the defendant, and the arresting officer’s observations of the defendant’s ability to talk, walk, and perform other basic activities.

Anyone arrested for DWI needs a lawyer who understands what evidence the prosecution must present to prove their case. If you need legal help, call us at 585-484-7432.