New York DWI Drug Lawyer

When many people think of driving under the influence, their minds immediately turn to over-indulgence in alcohol. The fact is, however, that it is also quite common for motorists to be arrested and charged for operating a vehicle while impaired by drugs.

This is true even when the substances at issue were legally possessed pursuant to a valid prescription. If you are facing allegations of this nature and understand the need to mount a strong legal defense, a New York DWI drug lawyer is here to help. Consult an experienced DWAI attorney and know that you are in capable hands.

Drugged Driving Laws in New York

Those suspected of driving under the influence of drugs or drugs together with alcohol are likely to face a charge of Driving While Ability Impaired (DWAI) according to New York Vehicle and Traffic Law §1192.

This statute prohibits individuals from operating a motor vehicle while their ability to do so is impaired by the use of a drug or a combination of drugs and alcohol. The relevant standard used is whether or not the accused party's ability to drive as a reasonable and prudent driver was impaired to any extent.

It should be noted that a vehicle need not even be moving for a DWAI charge to issue. Operation of a vehicle can include doing any act or using any mechanical or electrical function which alone or together with others will set into motion the ability of the vehicle to move. Simply starting the engine without putting the car in drive can suffice. As such, drivers can be at risk of this type of charge and not even know it.

Substances Included in Drugged Driving Prohibition

The scope of substances which can give rise to a DWAI charge in New York is quite broad and expands beyond the list of controlled substances provided by New York Public Health Law §3306.

While the hallucinogens, opiates, stimulants, and depressants contained therein are certainly included in the group of drugs capable of yielding this type of criminal charge, so are medications that were legally prescribed by a physician, but which produced unlawful impairment behind the wheel nonetheless.

Potential Punishments for Those Convicted of DWAI

Generally speaking, those found guilty of DWAI for the first time will be subject to the same types of penalties imposed for a driving while under the influence of alcohol alone. While there is no set minimum period of incarceration, there is the potential to receive upwards of a year in jail. Fines for first-time offenders can reach $1,000.

Second and subsequent convictions on charges of DWAI drug offenses are classified as felonies, and as a result, they will bring much more stringent sanctions, including lengthy prison terms, long-term driver's license loss, costly fines and more. Clearly, there is no substitute for an aggressive legal defense whenever charges in this realm are lodged. A distinguished New York DWI drug attorney can provide an assertive and vigilant legal defense for those facing charges.

Lines of Defense in DWAI Cases

The specter of a DWAI charge and all of the potential ramifications can be truly terrifying, and it may feel as though there is little hope of fighting back against the allegations. However, those accused of driving while impaired by drugs need to bear in mind that several effective legal strategies may indeed be available.

Challenging the constitutionality of the initial traffic stop, questioning the accuracy of field sobriety testing procedures and other lines of attack can prove critical in achieving a positive outcome. A skilled New York DWI drug lawyer can use the relevant legal strategies to build an individual’s case.

Aggressive Advocacy for New York DWAI Defendants

If you have been confronted with a charge of DWAI, there is no time to waste and no room for error when it comes to marshaling a vigorous defense. A New York DWI drug lawyer is prepared to enter the fray and fight tirelessly to protect your future and that of those you love.