Despite the immense pressures that are being exerted in this area—i.e., peer pressures, societal pressures, Mothers Against Drunk Driving (MADD) advertising campaigns—there does not appear to be a slowdown in the number of DWI cases. I am one of two judges in the third busiest justice court in our county, and we have found that since 2012 there have been on average at least five brand new DWI cases on every single court date. I arraign at least twenty new DWI cases a month, as does my fellow judge, year round—again, despite all of the information that is available about the dangers of drinking and driving.

It is difficult to say why this trend has developed. Certainly, more people are driving these days, and a growing number of younger people are getting their licenses. In addition, the BAC level with respect to being charged with DWI was reduced from .10 to .08, which has had some impact on people who drive with lower BAC levels.

Article adapted from partner David C. Bruffett's chapter in "Inside the Minds: Strategies for Defending DWI Cases in New York, 2015 ed. published by Aspatore Books, A Thomson Reuters business.