Driving while Intoxicated:

• Library: The Rulebook: The Definitive Quick Reference Guide for New York Criminal Law Practitioners (2020 Ed.)

► DRIVING WHILE INTOXICATED: See Vehicle and Traffic Law §§ 1192 and 1193.

Common Law: "The 'common law' crime is actually statutory, . . . but the statute creating it, Vehicle and Traffic Law § 1192 (3), says only that '[n]o person shall operate a motor vehicle while in an intoxicated condition,' and case law provided the definition of 'intoxicated.' A person is intoxicated within the meaning of Section 1192 (3) when '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 NY2d 419, 428 [1979])" (People v Frantangelo, 23 NY3d 506, 508 [2014]).

Defense Expert: "[I]n a prosecution for drunken driving, the opinion of a defense expert that the defendant's blood alcohol content (BAC) was below the statutory threshold is not 'prima facie evidence' that the defendant was not intoxicated" (People v Frantangelo, 23 NY3d 506, 508 [2014]).

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