The legal definition of "intoxication" in the State of New York is that the driver "voluntary consumed alcohol to the extent that he is incapable of employing the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver" (People v. Cruz, 48 N.Y.2d. 419 (1979).

The legal definition of "impairment" in the State of New York is that a driver is deemed impaired when the voluntary consumption of alcohol has "actually impaired, to any extent, the physical and mental abilities which he is expected to possess in order to operate a vehicle as a reasonable and prudent driver" (People v. Cruz, 48 N.Y.2d. 419 (1979).

Keep in mind that the above definitions apply to what is called the "common law" definitions of DWI (Driving While Intoxicated) and DWAI (Driving While Ability Impaired).

When a driver is arrested for DWI and takes the breathalyzer, he is generally prosecuted on two separate theories. The first being the common law, and the second being DWI per se, that is, driving with a Blood Alcohol Content (BAC) of .08 or more. If a driver has a BAC of .18 or more, the driver may be charged with "Aggravated DWI"

How do you know your Blood Alcohol Content?

The rule of thumb is that the liver metabolizes about one ounce per hour, so it can only lower your BAC by .02 per hour. If one has 6 drinks in three hours, the estimated BAC would be .06 (6 ozs. - 3 ozs X .02). Each person will vary somewhat from this calculation.
If you have been arrested for drunk driving and are searching for an experienced DWI Attorney, look no further.

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