When you hear the term “DWI,” you immediately think of drunk driving, but there are charges that address more than alcohol intoxication. In New York, it is illegal to drive while impaired by any substance, regardless of whether the drug is legal or if you have a prescription for it. Since proving drug impaired driving poses certain challenges, tere is no “breathalyzer” test for determining drug impairment. A DWI lawyer may be able to help you defend the case. In the meantime, here is what you should know about Driving While Ability Impaired by Drugs (DWAI/Drugs).

What Constitutes DWAI/Drug?

In New York, you can face charges for Driving While Ability Impaired by Drugs if police suspect you of operating a motor vehicle while impaired by drugs. Even if the drug is perfectly legal or you have a valid prescription for its use, criminal charges can result as if police gather evidence showing your ability to drive has been affected to the slightest extent by the prior ingestion of a prohibited substance. The substance must be a so-called “scheduled” drug. There are several recognized protocols police use; such as a Drug Recognition Evaluation, which is a specialized set of tests designed to assist in determining drug impairment.

Also, blood and urine testing is used, with forensic toxicology screening.

It is wise to avoid driving after taking any kind of medication that has the potential to cause drowsiness or otherwise affect cognitive and/or motor functioning. 

What Are the Penalties for a DWAI/Drug Conviction?

For a first-time offender, a DWAI/Drugs conviction can result in a fine of between $500 and $1,000 and a license suspension of at least six months, similar to DWI. However, Ignition Interlock does not apply to drug offenses. You may be able to negotiate for lesser penalties—or have the charges dropped altogether—with the help of an experienced DWI lawyer who is familiar with proof issues in these cases. 

If you are facing DWAI/Drug charges in New York, turn to Thomas A. Corletta, Attorney at Law. Defending clients from his office in Rochester, NY, this DWI lawyer is a seasoned trial attorney who personally handles every case he accepts. When you hire Thomas Corletta, you get Thomas Corletta. To learn more about his experience as a DWI lawyer, visit his website and review his previous cases there and on Facebook. Otherwise, call (585) 546-5072 to schedule an initial consultation today.