New York DWI Lawyer Blog

We all know someone who has been pulled over by the police and charged with New York DWI or another drunk driving charge such as DWAI (Driving While Ability Impaired). During the course of this arrest for driving while intoxicated, the officer will request that the driver perform what are known as "Field Sobriety Tests." The theory behind these tests, which are known as "divided attention tests", is that a motorist who has been drinking will not be able to successfully perform them, and/or will be unable to follow the instructions given to them by the officer. The three Field Sobriety Tests that are standardized, and most commonly used, are the Walk & Turn Test, Horizontal Gaze Nystagmus, and One Leg Stand. In subsequent blogs, we will go into more detail as to each New York Field Sobriety Test, but a brief description of each follows.

The Walk & Turn involves walking along a designated straight line for 9 steps heel to toe, turning in a manner directed by the officer, and then walking back along the same line for 9 steps. Horizontal Gaze Nystagmus is a test in which the motorist is required to follow with their eyes a pen or pointer (known as the stimulus) as the officer moves it back and forth to determine if there is distinct jerking of the eyes (nystagmus), rather than what is known as "smooth pursuit" of the stimulus. The One Leg Stand has the driver stand with legs together and arms at their sides, then lifting one leg straight out, six inches off the ground, for a count of 30 seconds.

Numerous clues which the officer will then check for to determine if the motorist has passed these tests (on the Walk and Turn or One Leg Stand) are an inability to keep balance, using arms to balance, swaying, failing to count, simply failing to start when directed or not following instructions. Obviously these tests, although called "Standardized", are highly subjective, as whether the person passes or fails is determined solely by an officer looking to substantiate his arrest. Further, there are numerous factors which could affect the results, including, to name a few, medical conditions that the driver might suffer from--epilepsy, vertigo, inner ear disorders; their physical condition, (such as being overweight or elderly), the side effects of medications or how much sleep the driver had the night before.

Continue reading " New York DWI--Overview Of Field Sobriety Tests " »

Men and women absorb and metabolize alcohol very differently. Women will have a higher blood alcohol concentration (BAC) after drinking the same amount of alcohol as men. This is due to women having a smaller amount of body water and less of an alcohol metabolizing compound known as ADH in their stomach, permitting more alcohol to reach the blood. Generally, the amount of alcohol which is oxidized in a 150 pound male or female is about a half an ounce per hour--the equivalent of one 12 ounce beer, 6 ounces of wine, or one mixed drink (1.5 oz of liquor).

It is generally recognized that a 150 pound man will be legally intoxicated after 3 drinks, with a BAC of approximately .087, whereas, with a woman of similar weight, after three drinks, her BAC would be about .10. However, if the woman only weighed 100 pounds, she could easily become legally intoxicated (.08 or above) after as little as two drinks. Other factors, such as how much one has eaten, when they ate, what was consumed, and drinking habits do affect these approximate alcohol absorption calculations. Women are more likely to suffer from alcoholic liver disease, damage to the heart and brain damage from the long term effects of alcohol consumption.

Under New York State law, a driver can be charged with driving while intoxicated with a BAC of .08 and above, and charged with New York aggravated DWI with a blood alcohol content of .18 and above. If the BAC is less than .08, in the region of .05 to .07, a driver can only be charged with New York DWAI, or driving while ability impaired, which is a traffic infraction, not a crime.

Continue reading " New York DWI--Effects of Alcohol By Gender " »