New York Marijuana DWI Lawyer

Though any mention of a DWI charge tends to conjure images of drivers taking to the roadways after having an excessive amount of alcohol, the fact of the matter is that driving while impaired by marijuana can also be cause for criminal allegations to be lodged.

Law enforcement officers in the Empire State take offenses of this nature very seriously, and that is why New York marijuana DWI lawyer can be an accused individual's strongest ally in times of crisis. If you have been charged with a marijuana DWI, retain a skilled DWI drug attorney that can build a solid case for you.

Marijuana Use in New York

It is important to note that New York has legalized medicinal use of certain amounts of cannabis-based preparations, but that is not to say that there cannot be severe consequences for operating a vehicle while impaired due to such use.

Marijuana has been found to be the most commonly-detected substance of its kind in those involved in drug-related auto accidents, and it has the ability to restrict an individual's ability to react quickly behind the wheel while also distorting perceptions and reducing hand-eye coordination.

As such, law enforcement officers are vigilant about spotting motorists who are impaired in this way.

Driving While Ability Impaired

NY Vehicle and Traffic Law §1192 prohibits the operation of a motor vehicle while the driver is notably impaired by the use of a drug, including marijuana or by a combination of drugs or alcohol or multiple drugs.

Because there is no formal detection threshold for assessing impairment, law enforcement officers possess substantial latitude in making crucial determinations of a driver's ability to operate a car safely.

If an officer suspects that an individual is driving in an unsafe manner due to drug use, they may decide to bring forth a charge of Driving While Ability Impaired – Drugs (DWAI-Drugs), something which has the potential to result in extremely onerous penalties upon conviction.

Whenever a DWAI charge is initiated, it is critical for defendants to seek the assistance of an experienced New York marijuana DWI attorney with a track record of success.

Sanctions for Conviction of DWAI-Drugs

It is possible to be found guilty of DWAI-Drugs even if the defendant operated a vehicle under the influence of a substance they had a legal right to take, such as medical marijuana or conventional prescription drugs. Though the offense is classified as a misdemeanor, drivers can expect to face:

  • Incarceration of up to a year
  • No less than a six-month drivers license revocation
  • Three years of probationary supervision
  • Monetary fine of up to $1,000 and a $400 state surcharge

Second-offense DWAI-Drug convictions can prove even more detrimental to a defendant's prospects, as they are capable of yielding license revocations of at least a year, heftier financial fines and lengthier terms of incarceration. A third-offense within a decade will bring even stiffer penalties and the prosecution's case must be vigorously challenged with the help of a seasoned defense practitioner.

Additional Implications of DWAI Conviction

Those accused of DWAI must make no mistake. The ramifications of being convicted on a charge of this type can be devastating and may literally last for years. The existence of a criminal record, particularly one involving drug use, has the potential to make retaining and securing new employment extraordinarily difficult.

Drivers license revocations can produce immediate job loss and make everyday tasks virtually impossible to complete.

Damage to personal reputation, social standing and professional licensing status stemming from a DWAI may have ripple effects that persist well after the sentence has been served and the debt to society paid.

Talk to a New York Marijuana DWI Attorney

If you have been accused of driving while ability impaired, there is no time to lose in terms of marshaling an aggressive defense strategy. A New York marijuana DWI lawyer will examine the facts, identify weaknesses in the state's case and work to achieve a dismissal of charges or reduction in applicable penalties.