Mar 21, 2024

NYC Prescription Drug DUI Lawyers

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. Under New York Vehicle and Traffic Law § 1192, the state defines several categories of impaired driving offenses.

Common DWAI Charges in New York

• DWAI by Alcohol (VTL § 1192.1) – Impairment by alcohol to any degree
• DWAI by Drugs (VTL § 1192.4) – Impairment by controlled substances
• DWAI by Combined Influence (VTL § 1192.4-a) – Impairment by combination of drugs and alcohol

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.

Key Requirements for Prosecution

The drugs that you were supposedly taken must be mentioned in the New York State Public Health Law 3306. This extensive law covers five schedules of controlled substances, including:

• Schedule I – Drugs with high potential for abuse and no accepted medical use
• Schedule II – High potential for abuse with severe psychological or physical dependence
• Schedule III – Moderate to low potential for physical and psychological dependence
• Schedule IV – Low potential for abuse and limited dependence
• Schedule V – Lower potential for abuse than Schedule IV

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.

Understanding Impairment Standards for Prescription Drugs

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.

The New York Department of Health maintains current lists of controlled substances, including commonly prescribed medications like:

• Opioid pain medications (Vicodin, OxyContin, Percocet)
• Benzodiazepines (Xanax, Valium, Ativan)
• Stimulants (Adderall, Ritalin)
• Sleep medications (Ambien, Lunesta)

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.

The Importance of Legal Representation

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.

Why You Need an Experienced DWI Attorney

What you need is a licensed, experienced New York DWI attorney who has handled cases like yours. The New York State Bar Association recommends seeking counsel immediately upon arrest for drug-related driving offenses. 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.

Defense Strategies and Outcomes

We often get cases dismissed or even have them reduced to lesser sentences through plea bargain deals. Common defense strategies include:

• Challenging the traffic stop – Was there probable cause?
• Questioning field sobriety tests – Were they properly administered?
• Disputing blood test results – Chain of custody issues
• Medical necessity defense – Valid prescription and proper use
• Lack of impairment evidence – No unsafe driving observed

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
• Jail time
• Fines

Long-Term Consequences of Prescription Drug DWI

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. According to New York Vehicle and Traffic Law § 1192.4, a conviction for driving while ability impaired by drugs can result in:

First Offense Penalties

• License suspension for at least 6 months
• Fines between $500-$1,000
• Up to 1 year in jail
• Mandatory drug/alcohol evaluation

Second and Subsequent Offenses

For repeat offenders within 10 years, DWAI drug charges become felonies:

• Second offense: Class E felony, up to 4 years prison
• Third offense: Class D felony, up to 7 years prison
• Fines: $1,000-$10,000
• License revocation: Minimum 1 year

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.

NYC Prescription Drug DUI Lawyers