Bronx DWI Drug Lawyer
Although many people think of drunk driving when thinking about DWIs, the State’s DWI laws also state that an officer can arrest a driver they believe was operating their vehicle while under the influence of a drug. This can include both street drugs and any prescription drug that impairs a person’s ability to drive.
A Bronx DWI drug lawyer could help you if you are facing allegations of driving while under the influence of drugs. A well-versed DWI lawyer can explain how this is considered a violation of the law and work to develop a defense to protect your freedom and ability to continue driving.
The Bronx’s Laws Concerning Drugs and DWI
New York’s laws prohibit any person from operating a motor vehicle while under the influence of a drug. Specifically, New York Vehicle and Traffic Code §1192 makes little distinction between DWI for alcohol or DWI for drugs. Furthermore, Section 4 states that any drug that causes an impairment qualifies under this definition. As a result, any foreign substance that compromises a person’s ability to drive is a violation of this law.
The penalties for a drug-related DWI are harsh. In fact, the penalties for even a first offense are misdemeanors, as opposed to alcohol-related DWI convictions which are violations. According to New York Vehicle and Traffic Code §1193(b), a conviction can result in a fine between $500 and $1,000, a jail term of up to one year, or both. In addition, the DMV must revoke a person’s driver’s license for at least six months following a conviction. A Bronx DWI drug lawyer could help fight these charges.
Submission to Chemical Testing
The police can require a driver to submit to a breathalyzer test upon suspicion of drunk driving. However, New York Vehicle and Traffic Code §1194(2) states that an implied condition of receiving a driver’s license is that a driver also gives their consent to submit to a blood, breath, urine, or saliva test upon request from a police officer.
Police officers can require a person to submit to any of these tests within two hours of arrest upon suspicion of driving while under the influence of drugs. Refusing to submit to these tests is illegal. A refusal will result in a $500 fine and require the court to revoke a person’s license for at least 18 months. A Bronx DWI lawyer could provide more information about chemical testing requirements and the potential legal trouble that may follow.
Let a Bronx DWI Drug Attorney Be an Advocate
Even though New York has taken steps to liberalize many drug laws, driving while under the influence of any street drug or even prescription medication is still illegal. A conviction may result in a license suspension, the payment of a fine, and a jail sentence.
A Bronx DWI drug lawyer could help to protect your rights. A proactive attorney can evaluate the arresting officer’s reasoning for making a stop, examine the legality of any police work that led to an arrest, and contest the results of any chemical tests that may indicate intoxication. Call today to learn more.