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Driving While Ability Impaired by Drugs (DWAI-Drugs) - New York VTL § 1192.4 - Rachel Kugel
From The Kugel Law Firm – Driving While Ability Impaired by Drugs (DWAI-Drugs) under New York Vehicle and Traffic Law § 1192.4 addresses the serious offense of operating a motor vehicle while impaired by the use of drugs. This statute encompasses a range of substances, including prescription medications, over-the-counter drugs, and illegal narcotics, that can impair one's ability to drive safely. Understanding the specifics of this law is crucial for all drivers in New York.
New York VTL § 1192.4 defines DWAI-Drugs as operating a motor vehicle while one's ability is impaired by the use of a drug. The term "drug" refers to any substance listed under New York Public Health Law § 3306, which includes opiates, hallucinogens, cannabis, depressants, and stimulants. Unlike alcohol-related offenses, there is no specific threshold for drug impairment; any degree of impairment can lead to charges. This means that even a minimal level of impairment, if proven, is sufficient for a conviction.
The penalties for a DWAI-Drugs conviction are severe. A first-time offense is classified as a misdemeanor, punishable by fines ranging from $500 to $1,000, up to one year in jail, and a minimum six-month license revocation. Subsequent offenses within a ten-year period can escalate to felony charges, leading to higher fines, longer imprisonment, and extended license revocation periods. Additionally, individuals convicted may face mandatory participation in drug treatment programs and the installation of ignition interlock devices.
Given the complexities and serious consequences associated with DWAI-Drugs charges, securing experienced legal representation is essential. The Kugel Law Firm specializes in defending individuals accused of impaired driving offenses in New York. Our team meticulously examines each case, challenging the prosecution's evidence and ensuring that your rights are protected throughout the legal process. If you are facing DWAI-Drugs charges, contact The Kugel Law Firm for a comprehensive consultation to discuss your defense options.
The Kugel Law Firm
111 E 125th St 2nd Fl, New York, NY 10035, United States
(212) 372-7218