Drunk driving is a serious offense that can have severe consequences in New York. If you have been charged with a DWI, it’s important to understand what the police need to prove to secure a conviction. This knowledge can help you better prepare your defense and protect your rights. Here’s what to know about what the police need to prove that you’re guilty of a DWI.
1. Operation of a Motor Vehicle
The first thing that the police must prove is that you were operating a motor vehicle. This can be established with things like witness testimonies, officer statements, video recordings, or physical observations.
2. Intoxication
The next thing that police have to show is that you were intoxicated at the time of operation. New York has set the legal blood-alcohol concentration (BAC) limit at 0.08%. Officers typically determine intoxication by conducting field sobriety tests and chemical tests, like a breathalyzer or blood test.
3. Impairment
The third requirement is establishing that your ability to operate the motor vehicle was impaired due to alcohol or drugs. Even if your BAC is below the legal limit, the police can still charge you with DWI if they can prove that your ability to drive was negatively affected.
4. Showing Probable Cause
For the police to make a valid DWI arrest, they need to establish probable cause. This means they needed to have had reasonable grounds to believe that you were driving under the influence or committing another crime. Police can prove probable cause with dash cam video of erratic driving, body cam footage of you acting impaired, or an officer’s testimony that they smelled alcohol or observed you appearing to be intoxicated.
5. Adherence to Proper Police Procedures
The police are also required to adhere to specific procedures when making a DWI arrest. Failure to follow these procedures can call into question the validity of the arrest itself. For example, if the police failed to correctly conduct field sobriety tests or administer chemical tests, or didn’t properly document your arrest, they may not be able to sufficiently prove to prosecutors that you were under the influence of alcohol or drugs at the time.
Don’t wait to get legal help after a drunk driving arrest. Contact Brooklyn DWI lawyer Mark Cossuto today for a consultation to discuss your case in detail at (718) 852-8047 or (800) 609-4545.
