Driving While Ability Impaired by Drugs

Carmel DWAI Attorney Serving Putnam & Westchester Counties

New York driving law prohibits the operation of a motor vehicle when driving ability is impaired by drugs. The law defines impairment as interfering with the ability to safely operate the vehicle.

When there is suspicion of impairment, the driver is required to submit to drug testing, such as urine, blood, or saliva testing. The Carmel DWAI attorney at The Law Office of Keith R. Murphy provides legal representation for clients charged with Driving While Ability Impaired by drugs in and around the Putnam County area.

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What Is A DWAI in New York?

Driving While Ability Impaired by drugs (DWAI) is operating a motor vehicle while impaired by drugs or both alcohol and drugs. Under New York law, the driver must be impaired by drugs to be charged with this offense. As with DUI charges involving alcohol, the driver does not need to actually be driving, but must be in control of the vehicle. This means that being in the car with the engine running can result in the charge, even if you haven’t actually driven.

A wide variety of drugs and controlled substances are prohibited under New York law. These include both controlled substances and drugs prescribed by a doctor, if they impair the driver’s ability.

The law includes an extensive listing of drugs, such as:

  • Opiates
  • Depressants
  • Stimulants
  • Hallucinogens that includes both street drugs and prescription medications

Penalties for Driving While Ability Impaired in NY

The penalties for Driving While Ability Impaired by drugs (DWAI) are similar to penalties for driving under the influence of alcohol. The number of prior offenses also influence the severity of the consequences for a conviction.

In addition, if an individual is convicted of driving under the influence of drugs and arrested for DUI in the future, the subsequent arrest would be considered a second offense. Any charge is serious, so don’t wait to contact a Carmel attorney for defense against driving while impaired in New York.

The consequences for a first DWAI conviction may include:

  • $500-$1,000 in fines
  • Up to 1 year in jail
  • Driver's license revocation for at least 6 months

The consequences for a second DWAI conviction may include:

  • $1,000-$5,000 in fines
  • Up to 4 years in prison
  • Driver's license revocation for at least 1 year

The consequences for a third DWAI conviction may include:

  • $2,000-$10,000 in fines
  • Up to 7 years in prison
  • Driver's license revocation for at least 1 year

The Law Office of Keith R. Murphy represents clients who are faced with driving while ability impaired charges in New York. Call (845) 584-7033 today for a free consultation.

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