The process of defending driving under the influence (DUI) cases is inherently unique in each state because such cases are creatures of statute. Other crimes, such as murder, robbery, burglary, and similar misdeeds, stem from the common law and become memorialized by statute. The laws do not change from county to county, although the strategy may, depending on the prosecutorial office’s attitudes. In DUI cases, some states and regions are sterner than others are. In counties that require jail sentences for first offenders, it is likely that more cases will go to trial than in counties where a plea bargain down to DWAI (driving while ability impaired) may be permitted.
The same legal skills and law firm resources that are required in any criminal defense are necessary when defending DUI cases in New York—for example, thoroughly interviewing all witnesses (including the defendant), visiting the scene of the arrest, measuring the tread marks on the road; if possible, making a professional diagram of the scene, discussing the case with the district attorney’s office, preparing pretrial motions for discovery and/or suppression, and preparing as much cross examination as possible, as well as opening and closing arguments to the extent that you can prior to trial. Occasionally, expert witnesses such as Breathalyzer experts will be helpful in preparing cross examination of the testing officer and an understanding of the various tests that a police officer gives to determine sobriety (horizontal gaze nystagmus, walk and turn, and one-leg stand).
Of course, it is impossible to develop an effective strategy without understanding the definition and degree of each violation. In New York, the word violation in criminal law pertains to an offense that does not reach the level of a crime. The only violation in New York under the motor vehicle law is that of driving while one’s ability to do so is impaired. For this to be proven, a driver would take a Breathalyzer test and record a blood alcohol level of between .05 percent and .08 percent. Over .08 percent blood alcohol is considered driving while intoxicated. If a driver refuses to take a blood alcohol level test, he or she can still be found guilty of drunk driving based on the police officer’s testimony.
In New York State, VTL Sections 1192 through Section 1199 define DUI and DWAI violations, as well as sanctions testing rehabilitation programs, etc. VTL Section 511 defines aggravated unlicensed operation (AUO) of a motor vehicle. A thorough grounding in these statutes is necessary for proper representation of a client.
