Good afternoon everyone. Today I would like to do the first installment of a few blog posts on the nuts and bolts surrounding the charge of Driving While Intoxicated. I’m calling it “DWI 101,” for now anyway.
(Please remember when reading this and future entries that every case is different, and the information I am providing here is not be construed at legal advice specific to your case in any way. If you have been arrested on suspicion of DWI, please call me right away at 585-730-6280 so that I may fully review your situation.)
The topic of DWI seems especially appropriate given the warm temperatures outside today. As the weather improves and more motorists take to the roads for cook outs, parties and days at the lake or beach, what is known locally as the “season” for DWIs begins. Police are going to be on the lookout for people driving under the influence of alcohol.
Let’s start with how a DWI arrest begins, what is known as the “stop.” Typically the stop occurs because of a suspicion by the police that the motorist has or is breaking the Vehicle and Traffic Law. This can include speeding, failure to maintain lane, failure to obey a stop sign or red light, failure to use a turn signal, equipment violations like a headlight out or a loud muffler, and technical violations like expired inspection sticker or suspended registration of the vehicle.
Other “stops” can come as the result of sobriety checkpoints, motor vehicle accidents, or the always popular “suspicious vehicle.” We will cover those scenarios in the future.
In order for a motor vehicle stop to be valid, the officer must have reasonable suspicion that a violation of the Vehicle and Traffic Law has occurred. That is to say that an officer cannot just pull you over on the highway on a whim. If that reasonable suspicion is lacking, the end result can be that an entire DWI case will be dismissed because the stop was suppressed by a court reviewing the matter.
Another factor that can lead to a dismissal of a DWI case against a defendant is a lack of proof that a defendant was actually operating the vehicle while under the influence of alcohol. To “operate” the vehicle basically means to demonstrate a present intention to put the vehicle into motion. In most situations, at the very least, operation can be demonstrated where a defendant is seated in a parked vehicle with the engine running.
However, the government can run into problems proving operation in a number of ways. If a car is disabled along the side of the road, for example, and the police happen upon a motorist standing outside the vehicle who appears to be under the influence of alcohol, the proof necessary to demonstrate operation may not be sufficient. And without proof of operation, the government cannot prove beyond a reasonable doubt that a defendant is guilty of DWI.
Unless of course, the defendant speaks with the police officer and admits to having operated the vehicle. The subject of defendants’ statements to police is a topic worthy of its own discussion, and we will leave that for another day.
Until then, remember, if you are arrested, do not make any statements to the police and inform them that you wish to speak with an attorney before any questioning. Then give me a call at 585-730-6280.