New York DWI Law “Under The Influence”
In order for the prosecutor to prove that you were driving while intoxicated the police officer’s observations and opinions as to your level of intoxication have to establish that you were “under the influence” not just that you had consumed alcohol. It is not illegal to consume alcohol and drive if your consumption does not impair your ability to operate your motor vehicle and your blood alcohol (BAC) level is not above the legal limit.
Your attorney can question these observations and opinions of the police officer in court. In fact we will vigorously question and cross-examine each and every witness that the prosecutor presents in order to represent you in your case.
One of the key areas of opinion that the police officer offers his or her opinion is whether you passed or failed the field sobriety tests. We will challenge the officer’s opinion in an effort to discount the effect of the officer’s testimony.