Rockland County DWI Defense Attorney for Drug Charges
Protecting Your Rights as a Rockland County DWI Attorney
Driving while under the influence of drugs or a combination of drugs and alcohol is illegal in New York. The types of drugs or combinations of drugs you take, which can impair your driving ability and result in an arrest, include both illegal and legal prescription drugs and even over-the-counter drugs. Any drug you take which affects the central nervous system, your brain, your reaction time, and your judgment in driving, from marijuana to cold or allergy remedies, may end up with you being stopped by law enforcement and being arrested.
Understanding New York DWAI-Drugs Charges
If you have been arrested for drug-impaired driving in Rockland County, I urge you to contact me as a Rockland County DWI lawyer as soon as possible. I have extensive experience in handling all types of DWI cases, including those involving drugs, and will begin investigating your situation immediately. The primary focus of my law practice is the defense of DWI cases. Doing so gives me a cutting edge in a field that is extremely technical, based on science, ever-changing DWI law, and other factors associated with DWI.
- If you are convicted of a DWAI-Drugs (driving while ability impaired by drugs), you face:
- A fine between $500.00 and $1,000.00
- A possible jail time of up to 1 year
- A 6-month license revocation
A second DWAI-Drugs within 10 years carries penalties of fines between $1,000.00 and $5,000.00, jail time of up to 4 years, with a mandatory 5 days in jail or 30 days of community service, and a loss of your license for up to 1 year.
A third DWAI-Drugs offense within 10 years carries penalties of fines between $2,000.00 and $10,000.00, mandatory jail time of at least 10 days or 60 days of community service, or a possible prison term of up to 7 years, and loss of your license for 1 year.
The penalties you are given will be based on the specific facts of your case. A sentence, following a second or third DWAI-Drugs conviction, may also include 5 years of probation and the installation of an ignition interlock device.
Marijuana-Impaired Driving Charges in Rockland County
Although the use and possession of recreational marijuana have become legal in New York, DWAI involving marijuana use is still against the law. If an officer smells burned cannabis in the vehicle, the police have reason to suspect that a driver is under the influence and only search the parts of the vehicle that are readily accessible to the driver, rather than the trunk.
It is important that you consult with me as a Rockland DWI attorney about your case as early as possible. I can help you avoid a conviction in some cases and can work to get penalties reduced.
Reach Out to Your Rockland County DWI Lawyer Today if you have been charged with DWI connected with drugs or driving while impaired from drugs in Rockland County.
Frequently Asked Questions
Can I Be Charged With DWAI-Drugs for Taking Prescription Medication?
Yes. New York law does not limit drug-impaired driving charges to illegal substances. Certain prescription medications can affect alertness, coordination, reaction time, or judgment and may result in a DWAI-Drugs charge if law enforcement believes they impaired your ability to drive. The circumstances surrounding the medication, your driving, and the officer's observations can all be important to your defense.
Can Over-the-Counter Medicine Lead to a Drugged Driving Charge in New York?
Certain over-the-counter medications may cause drowsiness or other effects that can interfere with safe driving. However, taking a legal medication does not automatically mean you are guilty of driving while impaired. A Rockland County DWI defense attorney can examine the circumstances of the traffic stop, the medication involved, and the evidence prosecutors may rely on.
What Evidence Can Be Used in a Rockland County DWAI-Drugs Case?
Evidence in a drug-impaired driving case may include an officer's observations, statements made during the traffic stop, field sobriety testing, chemical testing, toxicology results, and other evidence gathered during the investigation. The reliability and admissibility of this evidence can become important issues when defending against a DWAI-Drugs charge.
Can I Refuse a Drug Test After Being Arrested for DWI in New York?
Refusing a chemical test can have consequences that are separate from the underlying DWI or DWAI charge. New York's rules regarding chemical-test refusals are technical, and the consequences can depend on the circumstances. If you refused a test or are considering your options after an arrest, a Rockland County DWI attorney can explain how the refusal may affect your case and driving privileges.
Does a Positive Toxicology Test Automatically Mean I Was Driving Impaired?
No. The presence of a drug or drug metabolite in a person's system does not necessarily establish every element of a drug-impaired driving charge. Drugs can remain detectable after their impairing effects have diminished, making the circumstances surrounding the testing and the interpretation of the results important parts of a defense.
How Are Marijuana DWI Charges Handled in Rockland County?
Although recreational marijuana is legal for adults in New York under certain circumstances, driving while impaired by cannabis remains illegal. A marijuana-related DWI investigation may involve an officer's observations, statements, field sobriety testing, and other evidence. The specific facts of the traffic stop and the evidence collected can affect how the case is defended.
What Happens if I Am Charged With DWI for Multiple Drugs?
A case involving multiple drugs can raise additional scientific and legal issues, particularly when prosecutors allege that the combination of substances affected your ability to drive. Prescription medications, marijuana, alcohol, and other substances may be considered as part of the investigation. An attorney can review the available evidence and the circumstances surrounding each substance involved.
Can a DWAI-Drugs Charge Affect My Driver's License?
Yes. A conviction for DWAI-Drugs can result in a driver's license revocation, and additional consequences may apply depending on your prior driving history and the circumstances of the case. Because losing your driving privileges can affect your employment and daily responsibilities, the potential licensing consequences should be considered when evaluating your defense.
What Should I Do After Being Arrested for Drugged Driving in Rockland County?
After an arrest, it is important to take the charge seriously and understand the potential consequences. Avoid discussing the details of your case publicly or making unnecessary statements about the incident. Contacting an experienced Rockland County DWI attorney promptly can allow your lawyer to begin reviewing the stop, arrest, testing, and other evidence while the details are still available.
Can a Rockland County DWI Attorney Challenge the Evidence in a Drug-Impaired Driving Case?
Depending on the circumstances, a defense attorney may be able to challenge aspects of the prosecution's evidence. Potential issues can include the legality of the traffic stop, the basis for an arrest or search, the administration of testing, the handling of samples, and the interpretation of toxicology evidence. A thorough review of the case can help identify potential defenses and weaknesses in the prosecution's allegations.
If you are facing a drug-related DWI charge in Rockland County, contact an experienced DWI defense attorney today to discuss your case and protect your rights.