Driving under the influence (DUI) of any controlled substance is a crime in New York. It makes no difference if the drug in question was legally prescribed by your doctor. New York law enforcement officers can pull you over if they believe you are impaired. However, if you fail a field sobriety test or test positive for a controlled substance in your bloodstream, you can be charged with DWAI-Drugs (Driving While Ability Impaired by Drugs).
Penalties can be severe and include costly fines and prison time. If you have been charged with driving while impaired by drugs, including legally prescribed drugs, contact a New York prescription drug DUI lawyer to evaluate your situation and determine what legal defenses might apply to your case.Contact an experienced drug attorney to begin preparing your case.
Impairment, Not Prescription, the Key FactorIn a DWAI/Drugs case involving a controlled substance, the key factor is impairment – not whether there is a prescription for the drug found in the bloodstream. If the court believes that someone’s ability to function as a reasonable and prudent driver was impaired to any extent and they had any amount of a controlled substance in their bloodstream at the time of the arrest – they can be convicted.
Prescription Drug DUI/DWAI PenaltiesA first offense DWAI/Drugs is usually treated as a misdemeanor, while subsequent offenses within a ten-year time span can be charged as Class E felonies with up to seven years of prison time.
In addition, anyone facing both a DWI/Alcohol (.08 BAC or higher) charge and a DWAI/Drugs charge within a 10-year time span will have the second charge treated as a felony. It is important to keep in mind that felonies cannot be expunged from a criminal record and can have long-lasting implications on employment, housing, and education.
Leandra’s Law Applies to Prescription Drug DUIsLeandra’s Law applies to prescription drugs as well as alcohol and recreational drug-related DUIs. Under the law, New Yorkers who drive while impaired with children under the age of 16 in the car can face severe penalties.
All drug-related DWAIs are generally considered class E felonies. However, charges can be elevated to class C or B felonies if a child is injured or dies.This can result in serving prison time of up to 25 years, paying significant fines and penalties, and being investigated by New York child protection authorities who will be notified that a child has been placed in danger by their parent. The risk of losing one’s children simply due to a lapse in judgment is serious. A New York prescription drug DUI lawyer can act as an advocate and attempt to mitigate those charges.
Contact a New York Prescription Drug DUI Attorney TodayIf you have been charged with DWAI/Drugs for driving while using a prescription drug, contact a New York prescription drug DUI lawyer immediately. Prescription drug DWI charges can be extremely serious and result in substantial fines and penalties – regardless of whether the drug was prescribed or not.
If you have a legal prescription for your medication, the outcome may depend on whether the prosecution can convince a judge you were in fact impaired in your driving ability. Turn to an experienced New York prescription drug DUI lawyer to review the facts and circumstances of your situation today.
Call the New York criminal defense attorneys and former Manhattan Assistant District Attorneys at (212) 312-7129 or contact us online today.