Ithaca DWI Lawyer explains legal definition of "Intoxication"

(SNL's "Drunk Uncle" image courtesy of screen.yahoo.com)

WHAT'S THE LEGAL DEFINITION OF "INTOXICATED" ?

Well, it was determined by the New York Court of Appeal (the state's highest court) in 1979 in the case of People v. Cruz.... 

Where the court defined the following:  

"Intoxication is a greater degree of impairment which is reached when the driver has voluntarily consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver."  48 N.Y.2d 419, 429 (1979).  

The CRUZ court also went on to define "Impaired Driving" as: 

"...the question in each case is whether, by voluntarily consuming alcohol, this particular defendant has actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver." Id. at 428. 

These legal definitions are used for two different charges... Driving While Intoxicated in NY is prohibited in Vehicle and Traffic Laws, sections 1192.2, 1192.3 and Driving While Ability Impaired is prohibited by Vehicle and Traffic Law, section 1192.1.  

In BOTH DEFINITIONS, you will find that the court talks about "physical and mental" abilities of the driver.   That's why it is so important when defending a case to bring out the GOOD THINGS that the driver did physically and mentally.  Was there good driving? Could the driver speak and follow directions?   There's a list of things we can use in each case to help show that you WERE NOT impaired physically or mentally (or at least not as bad as the prosecutor says you were).

Question:  SO WHY IS THE DEFINITION IMPORTANT?

Answer:  BECAUSE OF THE JURY INSTRUCTIONS!

The New York model criminal jury instructions are different for each of these crimes...and if you are charged with DWI (the misdemeanor), the "lesser included offense" of Driving While Ability Impaired (1192.1) can also be included in the instructions to the jury (which is a choice of the defendant).  

Both sets of jury instructions allow the jury to consider a WHOLE BUNCH of stuff to determine if somebody was driving while intoxicated or ability impaired.  They can consider: 

-the BAC number from the chemical or blood test (or urine or saliva) [if the number is below 0.08 there are special instructions]

-observations of the police officer

-any odor of alcohol

-evidence of slurred speech

-evidence of pass or fail of field sobriety tests

-evidence of bad driving

-evidence of any accident or personal injury

ETC, ETC

Here's the link to DWI "Common Law" [no BAC test or below 0.08%](1192.3) instructions: 

 DWI common law jury instructions

Here's the link to DWI over 0.08% (1192.2) instructions:

DWI over 0.08% instructions

Here's the link to DWAI (1192.1) instructions: 

Driving While Ability Impaired instructions

---SUMMARY THOUGHTS---

There's a lot involved in every DWI case (as you can read in the jury instructions).  That's why I always recommend somebody charged with DWI get a lawyer as quick as they can after being charged (whether it is me or somebody else. lol)  Hope this post was helpful.

BY:  Attorney Mike Cyr 

P:  607-229-5184

E:  mike.ithacadwi@gmail.com

www.ithacadwi.com

www.facebook.com/ithacadwi

Twitter:   @ithacadwi