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DUI (DWI) Arrests in New York

An arrest for driving while intoxicated (DWI) is based on probable cause if the arresting officer can demonstrate reasonable grounds to believe that the defendant had been driving in violation of the following:

(1) Driving while ability impaired.  Driving while the person’s ability to operate such mother vehicle is impaired by the consumption of alcohol

(2) Driving while intoxicated per se. Operating a motor vehicle while such person has .08 blood alcohol level (BAC) as shown by chemical analysis of the blood, breath, urine, or saliva.

(2)-a. Aggravated driving while intoxicated per se. Operating a motor vehicle with a .18 blood alcohol level as shown by chemical analysis of the blood, breath, urine, or saliva.

(b) With a child. If, driving while intoxicated per se, aggravated driving while intoxicated, or, while a child of 15 years or less is a passenger in the vehicle.

(3) Driving while intoxicated. Driving while in an intoxicated condition

(4) Driving while ability impaired by drugs . Operating a vehicle while impaired by the use of drugs

(4)-a. Driving while impaired by the combined influence of drugs or alcohol and any drug or drugs.

Probable cause does not require proof sufficient to warrant a conviction beyond a reasonable doubt, but merely information sufficient to support a reasonable belief that an offense has been or is being committed or that evidence of a crime may be found in a certain place. A probable cause determination underlying an arrest for driving while intoxicated (DWI) is based on the totality of the circumstances, and need not always be premised upon the performance of field sobriety tests or any specific number of such tests.


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