Drugged Driving Is a Serious Offense in New York

Most people, if not everybody, know that it is a crime to operate a vehicle while under the influence of alcohol. Most people are fully informed about the severity of the offense of operating a vehicle while under the influence of alcohol. However, many people are not informed about the crime of drugged driving, which is operating a vehicle while under the influence of drugs or any other substance that can impair your ability to drive safely. This can include illegal drugs, prescription drugs, and even over-the-counter medications. In New York, drugged driving is a serious offense that can carry severe penalties. New York’s law states that it is illegal to operate a motor vehicle while ability-impaired by drugs (DWAI-Drugs).

New York Law Against Drugged Driving

According to New York State’s Vehicle and Traffic Law Section 1192, it is a crime to operate a vehicle while under the influence of alcohol or while drunk. Under VTL 1192, it is also a crime to operate a vehicle while a person’s ability to operate the vehicle safely is impaired by drugs. Additionally, the law makes it unlawful to operate a vehicle while the ability to operate the vehicle safely is impaired by a combination of alcohol and drugs.

In New York, the use of any drugs that impair your ability to operate a vehicle safely, whether illicit, prescription, or OTC medication, is illegal. For this reason, you must be cautious when taking prescription or OTC drugs. Examples of prescription and OTC drugs that may cause impairment include some antihistamines, sleep aids, opioid pain medication, antidepressants, and muscle relaxants.

How Do Police Officers Detect Drugged Driving?

The police use several methods to detect drugged driving. The process for detecting drugged driving is not as straightforward as the process for detecting drunk driving. Usually, to detect drunk driving, the police use breathalyzer tests. While some portable devices can detect some drugs by analyzing a driver’s breath, these tests are less common. Some common methods the police use to detect drugged driving include field sobriety tests, drug recognition evaluation (DRE), observation of driving behavior, and blood or urine tests.

Penalties for DWAI-Drugs in New York

In New York, the penalties for driving while ability-impaired by drugs can be severe. The severity of the penalties for a DWAI by drugs charge may depend on various factors, such as the driver’s criminal record. Below is what you can expect when it comes to the penalties for DWAI by drugs in New York;

• A first DWAI by drugs offense is a misdemeanor and can result in a fine of between $500 to $1000, a possible jail term of up to one year, and license revocation of at least six months
• A second offense can result in a fine of between $1000 to $5000, a possible jail term of up to four years, and license revocation of at least one year
• A subsequent DWAI by drugs offense is a Class E felony that can result in a fine of between $2000 to $20,000, a possible jail term of up to seven years, and license revocation of at least one year.

Legal Help Is Available

If you are charged with DWAI by drugs, you should contact a defense attorney as soon as possible. An attorney can help you develop a strong defense strategy that can help you fight your charges. Contact our skilled NYC DUI/DWUI/DWAI attorney, Mark I. Cohen, to schedule a consultation and discuss your case.