Driving under the influence of drugs, even prescription medications, is a serious offense in New York. While DWI often focuses on alcohol, Driving While Ability Impaired by a Single Drug other than Alcohol (DWAI/Drug) is a growing concern. Let’s delve into the specifics of DWAI/Drug and what you should do if you’re facing these charges.
What is DWAI/Drug?
DWAI/Drug means operating a motor vehicle while your ability to drive is impaired by a single drug other than alcohol. This can include:
- Prescription medications
- Over-the-counter drugs
- Illegal substances
Unlike DWI, which relies on BAC levels, DWAI/Drug cases often depend on the officer’s observations and chemical tests that detect the presence of drugs in your system.
Challenges in DWAI/Drug Cases
Proving drug impairment can be more complex than proving alcohol impairment. Here are some challenges:
- Subjectivity: Officer observations play a significant role, which can be subjective.
- Drug Metabolism: Drugs metabolize differently in each person, making it difficult to establish a specific impairment level.
- Prescription Medications: Many legal prescription drugs can impair driving ability, but proving impairment can be challenging.
The Consequences of a DWAI/Drug Conviction
The penalties for DWAI/Drug are similar to those for DWAI/Alcohol, but they can vary depending on the specific circumstances and the type of drug involved:
- Fines: You’ll face fines, which can vary depending on the severity of the offense.
- License Suspension/Revocation: Your license can be suspended or revoked.
- Mandatory Programs: You may be required to complete drug education or treatment programs.
- Points on Your License: You’ll receive points on your driving record.
- Increased Insurance Rates: Your insurance rates will likely increase.
Defense Strategies for DWAI/Drug
Building a defense against DWAI/Drug charges requires a skilled attorney. Potential strategies include:
- Challenging the Officer’s Observations: Questioning the officer’s assessment of your impairment.
- Examining the Accuracy of Drug Tests: Scrutinizing the reliability of blood or urine tests.
- Presenting Evidence of Legitimate Drug Use: Demonstrating that you were taking prescription medication as prescribed.
- Medical Defenses: Showing that a medical condition caused the observed impairment.
Understanding Related Charges
It’s crucial to understand the differences between DWAI/Drug, DWAI/Alcohol, DWAI/Combination, and DWI. Also, be aware of the zero tolerance law, chemical test refusal consequences, and Aggravated DWI possibilities. If you are an out of state driver, ensure you understand how the DWAI charge will impact your home state.
Why Choose James Medows?
James Medows is an experienced New York traffic attorney who understands the complexities of DWAI/Drug cases. He can help you navigate the legal process and protect your rights.
Don’t Underestimate a DWAI/Drug Charge
A DWAI/Drug conviction can have serious consequences. Contact James Medows today for a consultation and let him help you protect your driving privileges and your future.