Queens County Bar Association
Martindale Hubbell - Distinguished 2023

DWI Charges Do Not Discriminate; Any Driver Is Subject to a DWI Charge

Interviewer: Is there a particular type of person you see who gets arrested for DWI? Does it tend to favor older or younger people, men or women?

Martin Kane: I really don’t think so. I see people and represent people of all ages and all different backgrounds. They include wealthy people, people who are not wealthy, people who are young or old. Any driver is subject to a DWI charge.

Interviewer: Are there any surprising people that you’ve represented? Have you represented police or lawyers themselves or any celebrities?

Martin Kane: We’ve represented many people whom you would not expect. You can’t really say in advance what type of person it is going to be. We really do get people from every walk of life. I’ve represented doctors, lawyers, pilots, even an 80-year-old woman.

But I Only Had Two Beers…

Interviewer: How about the back story of the person who comes to see you? Is there a typical scenario in which people who are arrested say, “I only had two beers?”

Martin Kane: Most people say that they only had two beers. Sometimes they’ll say they had one beer or three beers, but that’s about always the case. I don’t know whether they say that because they think that’s what we want to hear or whether they rationalize it to themselves.

Is The Breathalyzer Test Result As Accurate As Law Enforcement Claims?

Usually it comes out that the amount the driver drank correlates fairly well with the test result. Although, in my opinion, the test that is usually given, which is the Breathalyzer test, is nowhere near as accurate as they claim it to be.

New York Police Prefer To Administer A Breath Test; Blood Draws Are Administered After An Accident And The Driver Has Been Transported To A Hospital

Interviewer: First of all, in New York, on Long Island, Queens, Manhattan — areas you serve, do the police favor breath-testing or blood-testing?

Martin Kane: It is almost always a breath test that is administered. The only time that the blood alcohol test is used, to my knowledge in the city, is when somebody is injured and they are taken to the hospital. Then the police will generally use a blood test at the hospital. The overwhelming majority of people undergo a Breathalyzer test.

Find out more about DWI charges by contacting The Law Office of Martin D. Kane at (718) 793-5700.

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