Operation as an Element of a New York DWI Case

The first element in a New York DWI case is whether the individual was “operating” a motor vehicle while intoxicated or impaired.  The word “operation” has a very specific meaning in the context of a New York DWI case.  Of course, driving counts as operation, but operation can also be found where you have only started the car.

Under New York law, you operate a motor vehicle if you start the the motor vehicle with the intention of putting it in motion.

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Asleep at the wheel: Assessing Intent

If a driver is found asleep behind the wheel of a running car, the key question is whether they intended on placing the car in motion.  This element can be difficult for a prosecutor to prove because it addresses the mental state of the driver.  A skilled New York DWI attorney may be able to create a dispute of the driver’s intent.  If the driver’s intent is in dispute, then the people will not have met their burden as to this element of the charge.

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Lack of Observation: Fighting Indirect Evidence

In a typical drunk driving / DWI case, operating is observed by the arresting police officer.  What happens if there is a one car accident and there is no observation by the police?  Often drivers will confess to having operated a motor vehicle when questioned by a police office, but when no driver statement is made the prosecutor must resort to indirect evidence. Circumstantial evidence is admissible in a New York DWI criminal case to prove that a driver operated a vehicle as defined by New York drunk driving laws.  However, if the circumstantial evidence fails to prove beyond a reasonable doubt that the driver operated the motor vehicle, then the prosecutor will not have met his burden.

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The Other Elements of a New York DWI Charge

• Public Highway
• Vehicle
• Intoxication or Impairment