No. New York does not recognize a crime called attempted DWI. In People v. Prescott, the New York Court of Appeals held that a person cannot be prosecuted for attempting to commit DWI because the DWI statutes already criminalize operating a vehicle while intoxicated in New York.
New York Penal Law § 110: How Attempt Crimes Work
New York Penal Law § 110 generally allows prosecutors to charge a person with an attempted crime even when the crime was not completed. To prove an attempt, prosecutors must show that the person:
1. Intended to commit the underlying crime.
The person must have had the specific intent to commit the offense. For example, someone cannot be convicted of attempted burglary unless prosecutors prove the person intended to enter a building and commit a crime inside.
2. Took a substantial step toward completing the crime.
Mere thoughts, discussions, or general preparation are not enough. The person’s conduct must go beyond preparation and demonstrate that they were close to committing the offense.
For example, purchasing burglary tools alone may not establish attempted burglary. However, arriving at the target location with those tools and beginning to break into the building may be sufficient.
Although New York recognizes attempt crimes under Penal Law § 110, courts have held that attempted DWI is different because the DWI statutes already cover conduct involving the operation of a vehicle while intoxicated.
How New York Courts Define an Attempted Crime
To provide a clearer picture, let’s look at some real-life cases where people were charged with attempting to commit crimes:
- People v. Naradzay: In this case, a man wrote a list of things to do for a serious crime and brought a gun with him to a location where he planned to commit the crime. Even though he never used the gun, his actions were so close to completing the crime that he was charged with attempting to commit it. The court felt that his actions were dangerous and showed he was on the verge of committing the crime. This case demonstrates how close an individual must come to committing a crime to be charged with an attempt. People v. Naradzay, 11 N.Y. 3d 460 (2008).
- People v. Cano: Another example involves a man who traveled to a location where he believed he would meet someone he planned to harm. Even though he didn’t actually cause harm, his preparation and intent were considered close enough to completing the crime that he was charged with attempting it. This case highlights the principle that attempts can be charged when a person is close to committing the crime, even if the crime itself hasn’t occurred. People v. Cano, 12 NY. 3d 876 (2009).
However, when it comes to drunk driving, the situation is a bit different. New York law doesn’t allow for charges of “attempted drunk driving.” Here’s why:
Why People v. Prescott Means There Is No Attempted DWI Charge in New York
In People v. Prescott, 95 N.Y.2d 655 (2001), the New York Court of Appeals considered whether a person could be charged with attempting to commit DWI before actually operating a vehicle.
The defendant was intoxicated and found sitting in a vehicle with the keys in the ignition. The prosecution argued that his conduct amounted to attempted DWI because he intended to operate the vehicle while intoxicated.
The Court of Appeals rejected that argument. The court explained that New York’s DWI statutes already define prohibited conduct broadly enough to address situations where a person is intoxicated and takes control of a vehicle. Because the DWI laws already criminalize the relevant conduct, there was no separate crime of attempted DWI.
However, this does not mean a person can never face criminal charges before driving occurs. Depending on the facts, prosecutors may consider other charges, and whether a DWI charge applies depends on whether the prosecution can prove “operation” of the vehicle under New York law.
Why Can’t You Be Charged with Attempted Drunk Driving?
New York’s DWI/DUI laws are set up to deal with actual and intentional drunk driving. The law has a detailed definition of operation of a motor vehicle that it includes the driving of a car on a public road as well as sitting behind the wheel of a car for the purpose of placing the vehicle in motion when the motor vehicle is moving, or, even if it is not moving, the engine is running. Therefore, as you can see, the law essentially already includes the attempt to drive.
The New York Court of Appeals has determined that the DWI statutes do not allow for a separate attempted DWI charge because the statutes already address conduct occurring before traditional driving takes place. The law includes various scenarios, such as someone being caught driving with a high blood alcohol concentration (BAC) or showing signs of impairment while driving. Because of this, the law doesn’t have a separate category for “attempted drunk driving.” Instead, the focus is on whether someone is actually driving under the influence of alcohol.
Why People v. Prescott Means There Is No Attempted DWI Charge in New York
In People v. Prescott, 95 N.Y.2d 655 (2001), the New York Court of Appeals considered whether a person could be charged with attempting to commit DWI before actually operating a vehicle.
The defendant was intoxicated and found sitting in a vehicle with the keys in the ignition. The prosecution argued that his conduct amounted to attempted DWI because he intended to operate the vehicle while intoxicated.
The Court of Appeals rejected that argument. The court explained that New York’s DWI statutes already define prohibited conduct broadly enough to address situations where a person is intoxicated and takes control of a vehicle. Because the DWI laws already criminalize the relevant conduct, there was no separate crime of attempted DWI.
However, this does not mean a person can never face criminal charges before driving occurs. Depending on the facts, prosecutors may consider other charges, and whether a DWI charge applies depends on whether the prosecution can prove “operation” of the vehicle under New York law.
Understanding Drunk Driving Charges
Even though you can’t be charged with “attempted drunk driving” in New York, being caught driving under the influence can still lead to severe legal consequences. Here’s what you might face if you’re charged with a DWI/DUI:
- Jail Time: A conviction for drunk driving can result in jail time. The length of the sentence depends on various factors, including the severity of the offense and whether it’s a repeat offense.
- Fines: You may be required to pay significant fines if convicted of drunk driving. These fines can add up quickly and can be a financial burden.
- Criminal Record: A drunk driving conviction will appear on your criminal record. This can have long-term consequences for your employment, professional licensing, and more.
- License Suspension: Your driver’s license could be suspended for a period of time, ranging from several months to years, depending on the circumstances of your case.
- Ignition Interlock Device: If you are convicted, you might be required to install an ignition interlock device in your vehicle. This device tests your breath for alcohol before allowing the car to start.
Why You Need a Good Long Island DWI Lawyer
If you’re facing charges related to drunk driving, having a skilled lawyer is crucial. A knowledgeable Nassau County criminal lawyer serving Long Island can help you navigate the legal system, understand your options, and work towards the best possible outcome for your case. They can also help you understand the complex laws surrounding drunk driving and provide guidance on how to handle your situation.
A lawyer can also assist in negotiating with prosecutors, representing you in court, and exploring possible defenses. With the right legal representation, you may be able to reduce the charges, minimize penalties, or even have the charges dismissed.
Frequently Asked Questions
Can you get an attempted DWI charge in New York?
No. New York does not recognize a separate crime called attempted DWI. In People v. Prescott, the New York Court of Appeals held that a person cannot be prosecuted for attempting to commit DWI.
Can you get a DWI in New York if you never drove the car?
It depends on the facts. New York DWI law focuses on whether a person operated a motor vehicle while intoxicated. Simply being near a vehicle is not always enough, but certain conduct may qualify as operation under New York law.
What is Penal Law § 110 in New York?
Penal Law § 110 allows prosecutors to charge attempted crimes when a person intends to commit an offense and takes a substantial step toward completing it.
What case says attempted DWI is not a crime in New York?
People v. Prescott, 95 N.Y.2d 655 (2001), established that New York does not recognize attempted DWI because the existing DWI statutes already cover the relevant conduct.
Our Firm’s Commitment To Drunk Driving Charges in Nassau County and Long Island
At our firm, we are dedicated to providing top-notch legal representation for those facing drunk driving charges in Nassau County and Long Island. We understand the unique challenges that come with these cases and are committed to offering personalized support for each client.
We have successfully represented a diverse range of clients, from professionals like doctors and lawyers to students and new drivers. No matter who you are, we are here to provide the expertise and support you need to navigate your case effectively.
If you were arrested for DWI in Nassau County or elsewhere in New York, an attorney can evaluate whether the prosecution can prove operation, impairment, or another required element of the offense.
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