1. DUI Consultation in New York | Driver Facing Investigation After a Minor Collision
The driver sought a DUI consultation after receiving notice from the police that they were investigating potential drunk driving and failure to act violations.
He feared losing his license and career if the matter was mishandled.
He explained that the alcohol consumption occurred after the collision, not before it, and that he had provided identifying information to the other driver at the scene.
Understanding the Accident Sequence
The driver had finished work and shared a small amount of beer with acquaintances.
He then moved his vehicle a short distance and unintentionally made light contact with the rear of another car.
He stopped, handed his business card to the other driver, and indicated he would cooperate on insurance matters.
After leaving the scene, he went to meet others and consumed additional alcohol.
The Emerging Legal Problem
While he was with friends, the police contacted him and stated that he had “left the scene without taking proper measures.”
A breath test conducted afterward showed a BAC of approximately 0.11 percent.
Under New York Vehicle and Traffic Law (VTL §1192), this is considered a DWI-level concentration under VTL §1192, raising suspicion that he was impaired at the time of the accident.
2. DUI Consultation in New York | Defense Preparation and Initial Strategy
The defense team structured an early response plan centered on clarifying the timeline.
The goal was to demonstrate that the high BAC reading did not reflect the driver's condition during the collision, and that he had properly exchanged information as required under VTL §600.
Testimony Preparation and Interview Guidance
To prevent misunderstandings during the police interview, the attorney prepared the driver with a structured approach :
• A prediction sheet outlining likely interview questions
• A standard answer guide to avoid speculative or harmful phrasing
• A mock interview to maintain accuracy and avoid emotional responses
• Attorney presence during questioning to verify records and correct ambiguities
This preparation ensured the driver kept his statements concise, factual, and consistent.
Evidence Demonstrating Post Accident Compliance
The defense collected several sources of proof to show the driver did not flee :
• Traffic camera and nearby CCTV records
• Black box or dashcam footage from the other driver’s vehicle
• Phone logs documenting calls and messages between the parties
• The business card exchange indicating willingness to cooperate
This documentation supported the argument that the driver had complied with required post accident measures.
3. DUI Consultation in New York | Scientific Evidence on Alcohol Timing
A central issue in this case was whether the driver was impaired at the moment of the crash, not later.
The defense applied the Widmark formula and reverse alcohol level analysis to distinguish between “post accident drinking” and “drinking before operation of a vehicle.”
Scientific Reconstruction of BAC
To prove the accident occurred before intoxication, the defense calculated :
• The alcohol quantity and concentration consumed after the collision
• The absorption rate based on body weight and biological factors
• An estimated BAC at the time of impact
The determined alcohol concentration at the time of the collision was approximately 0.02 percent, a level well below the range where statutory presumptions of impairment begin in New York around 0.05 percent under VTL §1192(1).
This scientific finding directly rebutted any inference that the driver was intoxicated when the collision occurred.
4. DUI Consultation in New York | Final Outcome and Non Prosecution Decision
After reviewing testimony, video evidence, phone records, and the BAC analysis, investigators concluded:
• The driver provided identifying information to the other party
• The elevated BAC resulted from post accident consumption
• The driver’s account was consistent and credible
• There was no intentional failure to act under VTL §600
Non Prosecution Result and Key Lessons
Based on the evidence, the police issued a non prosecution (no further action) decision.
The driver stated he had feared losing his job and license, but the structured defense and thorough DUI consultation helped clarify the facts and prevent wrongful consequences.
The case demonstrates that timing, proper documentation, and scientific evidence can play a decisive role in defending DUI allegations in New York.
26 Nov, 2025
