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Last Updated on: 27th July 2023, 08:02 pm
What is DWAI (Driving While Ability Impaired)?
Getting a serious charge of DWAI in the state of New York is a big deal. You could end up spending years behind bars and paying high fines because you made a poor choice to drive while impaired. You need to understand the specific charge of DUI prescription drugs before trying to represent your interests in criminal court.
What Are Types of DWAIs?
There are different types of situations in which you may be suspected of driving under the influence of an illegal or controlled substance. This includes alcohol, street drugs, and prescription drugs that render you intoxicated and impair your normal ability to respond to traffic conditions. You don’t have to be caught in a speed trap, traffic accident, or roadblock to be arrested on this type of charge. You could be pulled over for any reason or just simply be observed driving unsafely and a police officer could decide to stop and check your mental state. You may be given a field sobriety test or asked to complete another test in a lab, or even a blood test at the hospital. The results of any labwork proving you were under the influence of prescription drugs could result in you being charged with a criminal offense.
The Hefty Burden of Proof for Prescription Drug Cases
The District Attorney has a tough job when trying to prove that your actions were resulting from using prescription drugs. Sometimes, this is commonly referred to as DWI prescription drugs or DUI prescription drugs. The drugs that you were supposedly taken must be mentioned in the New York State Public Health Law 3306. After ingesting this drug, the prosecutor must demonstrate that you drove the car and were impaired to the point that you could not safely operate a motor vehicle. Each state has its own way of defining impairment. However, unlike a DUI case involving alcohol in New York State, the District Attorney must show that this drug affected your ability to drive safely to any degree. With alcohol, there must be proof of substantial impairment of one’s driving ability. It’s easier to substantiate the prescription drug charge in court if the arresting officer can show how you were driving unsafely at the time.
Fighting Your DWI Prescription Drug Charge
Honestly, it’s going to be hard to dispute this case if there were lab results showing you were impaired by prescription drugs, especially if you had a prescription on file with the pharmacy and knew you shouldn’t be driving. In any case involving drugs, whether street drugs or prescription drugs, the prosecutor will take your charge seriously and work to ensure that you receive the full legal consequences for your criminal behavior. If you delay in hiring an attorney or say the wrong things to the investigators of this case, then you could really damage your chances of a successful outcome. What you need is a licensed, experienced New York DWI attorney who has handled cases like yours. At the Spodek Law Group, we have the experience it takes to collect all the evidence the state has built against you, review it, and show that it is not enough for a conviction. We often get cases dismissed or even have them reduced to lesser sentences through plea bargain deals. Some of our clients are eventually acquitted of their charges, but there is a risk associated with going to trial. It really depends on the facts of the case what legal defense strategy that we recommend to the defendant in question.
Potential Effects of DWI Convictions Involving Prescription Drugs
The prescription drug DWI case in New York State seems straightforward enough. It comes with similar conditions as DUI cases involving drinking, such as community service, addiction treatment, loss of driving privileges, etc. If you don’t get a qualified attorney and/or get convicted of this crime, you could face other consequences. There could be a long-term impact on your professional license, and, of course, your state driver’s license. You could even lose driving privileges in other states if convicted here. You may also find it hard to qualify for certain jobs after doing your time or other punishments and restitution ordered by the court. Contact a New York DWI lawyer today to see how best to defend your case!