Westchester County DWI Drug Lawyer
The laws in Westchester County make it illegal to operate any motor vehicle while under the influence of an intoxicating substance. Many people think of alcohol when thinking of DWI charges. However, State laws also prohibit the operation of a motor vehicle while under the influence of drugs.
A Westchester County DWI drug lawyer could help you if you are facing an allegation of DWI involving drugs. A well-versed DWI attorney can work to help you to understand the relevant laws, evaluate the legality of the police actions that led to your arrest, and develop a defense to protect your future.
The Laws that Prohibit Impaired Driving in Westchester County
The State has made it illegal to operate any vehicle while impaired by a foreign substance. The classic example of this impairment involves driving while under the influence of alcohol. However, the laws in Westchester County prohibit a far wider range of activities. New York Vehicle and Traffic Code §1192 state that people who operate a vehicle while impaired because of a drug commit the same offense as those who drive while drunk.
In addition, the law specifically states that it is not just illegal drugs that qualify under this statute. This means a driver may violate the law if they take a prescription medication or over some over-the-counter medicines if that substance hinders their ability to drive.
The penalties for a drug-related DWI are identical to those for alcohol DWIs. A first conviction can result in a jail sentence of up to one year, a minimum fine of $500, or both. In addition, a guilty verdict mandates a license suspension of at least six months. A Westchester County DWI drug lawyer could help individuals understand the State’s DWI drug laws and the possible penalties.
What a Prosecutor Must Prove in a DWI Drug Case
Prosecutors in Westchester County have two options that they can use to prove a person was impaired due to drugs. Much like cases built around drunk driving, a prosecutor may introduce chemical evidence of a person’s intoxication. All drivers give their tacit consent to submit to chemical testing as part of receiving a driver’s license. An officer may require a person to submit to these tests if they have a reasonable suspicion of impairment due to drugs. While a driver may refuse this test, doing so carries severe consequences.
The other option prosecutors may use when building a case is simply using the officer’s observations. Under the law, an officer can make an arrest simply if they have probable cause to believe that a driver was impaired due to drug use. An officer may cite bloodshot eyes, erratic behavior, and the results of field sobriety tests to bolster this case. A lawyer could cross-examine officers at trial to challenge the strength of their beliefs concerning intoxication due to drugs.
A Westchester County DWI Drug Attorney Could Help
If you are facing allegations involving driving while under the influence of drugs, it is important to act quickly to protect your future. A DWI based on drugs carries the same effects and penalties as those centered around alcohol.
A Westchester County DWI drug lawyer could help you no matter what basis an officer had for making an arrest. This includes challenging the officer’s reasoning for making a traffic stop, working to dispute the accuracy of any chemical tests, and cross-examining an officer at trial to highlight errors in their observations at the time of the arrest. Call today to get started on your Case.