Tuesday, November 3, 2015

Too Drunk to be Convicted of Drunk Driving???


Article: http://www.ledger-enquirer.com/opinion/article41982711.html     

     Apparently the current DUI/DWI law in Georgia is very pro-defendant and permits for the suppression of BAC chemical test results if the defendant was too drunk to provide informed consent for the test!

     So, in other words, if you’re going to drive drunk in GA, you better make damn sure you’re a fall-down, can’t-think-straight kind of drunk so you’ll have a better chance of beating your DWI!

     Seems…counterproductive? Illogical? Or maybe just downright dangerous?!

     Rest assured, that is most definitely NOT the case in New York. That issue was resolved here as far back as 1978. Consent or refusal to provide a sample for a chemical test in New York does not need to be “knowing,” according to the Second Department: “[such an] interpretation would lead to the absurd result that the greater the degree of intoxication of an automobile driver, the less the degree of his accountability.” Matter of Carey v. Melton, 64 A.D.2d 983, ___, 408 N.Y.S.2d 817, 818 (2d Dep’t 1978).

     While many people would agree that if you’re that drunk there’s no way you know what you’re doing (and some of us may even have the stories the back that theory up!), but to old otherwise would truly run the risk of unconscionable results in very serious cases.  

     NOTE: Refusal to consent to chemical test can be determined from both words and conduct in New York. And if the police decide you have refused, there will be a presumption of intoxication and the prosecutor will, in most cases, be able to introduce evidence of your refusal as your consciousness of guilt at any subsequent trial. There are also significant civil penalties if you have been declared a refusal by the DMV. Also, in order to be prosecuted for DWI in NY, your intoxication must be voluntary. If you have any reason to believe that your intoxication was involuntary, discuss that with you attorney immediately. However, alcoholism does not constitute involuntary intoxication under NY law.

     For more information DWI refusals, click here.

     If you have been arrested for DWI or any other alcohol or drug related driving offense in New York, call the experienced DWI defense attorneys of Catalano & Carpenter LLP at (845) 454-1919 today to schedule a free DWI consultation. The sooner we get involved, the sooner we can help. 

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