Common Law

The prosecution can use a variety of evidence to prove a Common Law DWI, including:

• The driver’s physical condition, such as slurred speech, bloodshot eyes, and an unsteady gait
• The driver’s driving behavior, such as erratic driving, weaving in and out of lanes, and failing to obey traffic signals
• The driver’s responses to field sobriety tests
• The odor of alcohol on the driver’s breath
• The presence of alcohol or drugs in the driver’s vehicle

The penalties for a Common Law DWI conviction in NYS are similar to the penalties for a regular DWI conviction. These penalties can include:

• Up to one year in jail
• Up to three years of probation
• A fine of $500-$1,000
• A mandatory driver’s license revocation for at least six months
• Required installation and maintenance of an ignition interlock device for one year
• Participation in a drunk driver program
• Attendance at a victim impact panel

There are a number of defenses that may be available to a defendant facing a Common Law DWI charge. Some common defenses include:

• The driver was not impaired by alcohol or drugs
• The driver’s driving behavior was not erratic or unsafe
• The police officer made an error in the administration of the field sobriety tests
• The police officer had no probable cause to stop the driver
• The evidence was not collected or preserved properly