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What Does It Mean to Be “Intoxicated” for a DWI in New York?
The New York pattern jury instructions dictate that:
“A person is in an INTOXICATED condition when such person has consumed alcohol to the extent that he or she is incapable, to a substantial extent, of employing the physical and mental abilities which he or she is expected to possess in order to operate a vehicle as a reasonable and prudent driver.”
While there is no single factor that dictates whether someone qualifies as intoxicated, the New York courts have provided an outline of examples of factors, including:
- The defendant’s physical condition and appearance, balance and coordination, and manner of speech;
- the presence or absence of an odor of alcohol;
- the manner in which the defendant operated the motor vehicle;
- opinion testimony regarding the defendant’s sobriety;
- the circumstances of any accident; and
- the results of any test of the content of alcohol in the defendant’s blood.
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