If you operate a motor vehicle while impaired by a drug or marihuana (marijuana) you may be charged with Driving While Ability Impaired by Drugs pursuant to New York Vehicle & Traffic Law Section 1192(4). You may be charged under Vehicle and Traffic Law Section 1192(4) even if your impairment is from a combination of drugs and alcohol, therefore it is not a defense that you only invested a small amount of drugs. Moreover, unlike traditional DWI charges, there is no prescribed level of the drug that must be proven in order for you to be convicted. This is particularly problematic when it comes to the defense of Driving While Ability impaired by Drugs cases where the driver has ingested marihuana since it may remain in the body for more than one month. For this reason, you may test positive for marihuana and be charged with DWAI Drugs under Vehicle and Traffic Law 1192(4) even though you were not impaired by marihuana at the time of operation.
If you are stopped by the police for suspected DWI but your Blood Alcohol Content (BAC) is too low to support a charge of DWI or DWAI (Driving While Ability Impaired by Alcohol), the police may ask you to submit blood or urine which they will submit to a lab to determine the presence of drugs or marihuana in your body. If you refuse to submit blood or urine as requested by the police, you will face a potential minimum one-year license revocation from the Department of Motor Vehicles (DMV).
The police may also use a drug recognition expert (DRE). DREs are police officers who have received training to detect the influence of drugs and marihuana.
The DRE will use a 12 Step Protocol to determine whether you are impaired by drugs. Ultimately, the police will engage in a subjective process to determine whether they will charge you. Once you are charge, your life will significantly change. This is true even if you are able to eventually get the charges against you dismissed. If you or a loved one is facing charges of Driving While Ability Impaired by Drugs, please contact us and let our DWAI Drug Lawyers help you in your time of need.