Driving While Ability Impaired By Drugs
If you have been charged with DWAI drugs in Nassau County or any county in New York, it means you are being accused of driving while your ability was impaired by illegal narcotics, over-the-counter medications or prescription drugs. Even if the drug you took was legally prescribed by a doctor, and you took it according to your physician’s instructions, it does not necessarily mean that it was safe or legal for you to drive while on the medication.
At this point in time, the most important thing to understand is that you need a strong legal defense to these serious charges.
The Experience You Need To Fight Your Criminal Charges
At Lerner & Lerner, P.C., we provide aggressive legal representation to clients who have been charged with DWAI while under the influence of any of the drugs listed on the New York Public Health Law schedules of controlled substances, including:
Our firm’s managing partners bring a combined 50-plus years of legal experience to each case that we take. We have a dedicated focus on criminal defense and place a special emphasis on DWI and DWAI drugs cases. We understand the complex laws associated with these charges, and we know how to build the best defenses based on individual circumstances.
Defenses For DWAI Drugs Offenses In New York
In some cases, our clients have been subject to a urine test in order to identify drugs in their system. Even when the results are positive, there are still viable defenses available.
Unlike DWI cases where the prosecutors only need to show an alcohol level above .08, in a DWAI drug case, district attorneys must prove the driver ingested the drug and drove a vehicle while his or her ability was impaired by that drug. However, certain drugs, such as marijuana, can stay in your system for up to 30 days. Just because the presence of this drug was detected, it does not mean the driver was under the influence at the time of the arrest.
In other cases, our clients have refused the urine test, or the arresting officer did not request one. In these instances, the prosecution’s evidence lies in the observations of the driver made by the officer and/or the admission of guilt by the driver.
Even though it may appear easier to fight a DWAI drugs charge than a DWI, it does not mean you should defend yourself or work with an inexperienced lawyer. The laws surrounding DWAI drugs are complex, and you face the same potential consequences as you do with a DWI conviction.
You do not want to risk a DWAI drugs charge on your record. Even with a misdemeanor conviction, you will face heavy fines, license revocation, increased insurance rates and potential jail time. In addition, if you are arrested for a second DWAI drugs offense within 10 years of the first, you will be charged with and punished for a felony.
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