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What Are the Legal Elements of DWI in New York?
New York Pattern Jury Instructions provide for the following 2 elements for a DWI per se charge:
- That on or about (date), in the county of (County), the defendant, (defendant’s name), operated a motor vehicle; and
- That the defendant did so when he/she had .08 of one per centum or more by weight of alcohol in his/her blood, as shown by a chemical analysis of such person’s blood, breath, urine, or saliva.
The New York Pattern Jury Instructions provide for the following 2 elements for DWI common law charge:
- That on or about (date), in the county of (County), the defendant, (defendant’s name), operated a motor vehicle; and
- That the defendant did so while in an intoxicated condition.
It is important to have a DWI lawyer who understands each and every element of a New York DWI charge. Contact the experienced DWI attorneys at the Law Office of Richard Hochhauser, PLLC today.
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