Driving While Ability Impaired by Drugs (DWAI by Drugs)
Not only does intoxicated driving laws only apply to alcohol, it also pertains to using drugs while behind the wheel. While being charged with a DWI requires a specific level of BAC, any type of substance which can change your mental and physical capabilities is subject to a DWAI charge.
If you have been arrested for a drug-related DWAI, our New York DWI lawyer can provide you with the aggressive and personalized defense necessary to get your charges reduced or your case dismissed entirely. As a former senior prosecutor in the New York County District Attorney’s Office, Attorney Tilem has handled thousands of cases, giving you the advantage of knowing exactly what you’re up against.Drug-Related DWAI Penalties
It’s important to note that penalties for a DWAI on drugs is not the same as a DWAI on alcohol. The punishment for a drug-related DWAI, or for a combination of drugs and alcohol, are exactly the same as DWI. A DWI attorney in New York can explain the penalties that you may face.
In order to be convicted of a drug-related DWAI, the prosecution must prove:
- The defendant ingested a drug
- The drug ingested is one listed under Public Health Law 3306
- Examples: heroin, cocaine, methamphetamine, MDMA, and marijuana
- The defendant drove a motor vehicle after ingesting the drug
- The defendant’s ability to drive was affected and impaired by the drug
For your first DWAI-Drug charge, it is considered a misdemeanor, which is punishable by a maximum jail sentence of one year, a fine between $500 and $1,000, and license suspension for six months. However, your second DWAI-Drug charge within 10 years is considered a Class E felony, which is punishable by a four-year prison sentence, a fine of up to $5,000, and license suspension for a year.Let Our New York DWI Attorney Start Building Your Defense
At Tilem & Associates, PC, we are dedicated to protecting the rights, reputations and freedom of all of our clients. With over 25 years of legal experience, we possess the comprehensive knowledge of New York laws and court processes to help you navigate through the complexities of your case. Let our White Plains attorneys fight for you today!
Contact us and request a free consultation with a DWI lawyer in New York today.