The standard of proof in a New York DUI / DWI criminal case is guilt beyond a reasonable doubt. This means that each and every element of the charged offense must be established by the prosecutor in order to convict a defendant of Driving While Intoxicated. Since the burden to convict rests with the prosecutor, drivers are not required to present any evidence in their defense at trial. However, an experienced New York City DWI lawyer will determine prior to trial whether to put forth a case on behalf of his/her client.
There are four elements which make up the offense of driving while intoxicated or impaired in New York. In order to sustain a verdict of guilty beyond a reasonable doubt, a prosecutor must prove the following:
- Driving/Operation of
- A Motor Vehicle
- On a Public Highway
- While Intoxicated or Impaired
The fourth element is often the most important in a DWI trial. A person’s intoxication or impairment may be shown in one of two ways, either by showing Per Se Intoxication, or by a “Totality of the Circumstances.”
Each element has significant definitions and multi explanations. Defining these terms is not as straightforward as it may seem. There are critical contrasts within the terms that Adam Perlmutter & his team will be able to use to your advantage.
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