Drug DWI Over 50 Years of Collective Legal Experience

Binghamton Drug DWI Lawyer

Experienced Defense Against Drug DWI Charges in New York

If you have been arrested for a drug-related DWI, you need legal representation as soon as possible. At Jackson Bergman, LLP, we have a dedicated team of attorneys who are ready to fight for your rights and help you get the outcome you want. We have helped many clients resolve their charges and get back to their daily lives.

Our Binghamton drug DWI attorneys are ready to help you. Call us at (607) 367-7055 or contact us online today.

What Is Considered Driving While Intoxicated in New York?

In New York, it is illegal to drive while intoxicated by alcohol, drugs, or a combination of both. According to New York Vehicle and Traffic Law Section 1192, a person is considered intoxicated when:

  • Their ability to drive is impaired by alcohol, drugs, or a combination of both;
  • Their blood alcohol content (BAC) is .08% or higher; or
  • They are under the influence of drugs or alcohol to the extent that it is unsafe for them to drive.

In addition to these factors, you may also be charged with DWI if you are under the age of 21 and have a BAC of .02% or more. If you are under the age of 21 and have been charged with DWI, your license will be suspended for up to one year.

How Law Enforcement Determine Drug DWI in NY

In New York, law enforcement agencies use several methods to determine drug-related DWI offenses. The process typically involves a combination of field sobriety tests, drug recognition evaluations, and chemical tests.

Here's an overview of how law enforcement determines drug DWI in New York:

  • Initial Traffic Stop: The process usually begins with a traffic stop by a police officer. The officer may observe suspicious driving behavior, such as erratic driving, weaving between lanes, or running red lights, which gives them reasonable suspicion to initiate the stop.

  • Observation and Interview: Once the vehicle is stopped, the officer will observe the driver's behavior and look for signs of impairment. They may also engage the driver in a conversation to detect any signs of drug use, such as slurred speech or confusion.

  • Field Sobriety Tests (FSTs): If the officer suspects drug impairment, they may conduct standardized field sobriety tests. These tests include tasks like the Walk-and-Turn test, One-Leg Stand test, and Horizontal Gaze Nystagmus test. These tests assess the driver's coordination, balance, and ability to follow instructions.

  • Drug Recognition Evaluation (DRE): In cases where drug impairment is suspected but not easily detectable through standard field sobriety tests, a specially trained officer known as a Drug Recognition Evaluator (DRE) may be called to the scene. The DRE evaluates the driver's physical signs, conducts additional tests, and gathers information about the driver's drug use history.

  • Chemical Tests: To establish the presence of drugs in the driver's system, a chemical test may be administered. In New York, the chemical test usually involves a blood test, although urine or saliva tests may also be used. The sample is analyzed in a laboratory to determine the presence and concentration of drugs in the driver's system.

Penalties for a DWI Conviction in New York

In New York, a drug-related driving offense typically falls under Driving While Ability Impaired (DWAI) laws. A driver could be charged with either DWAI by a single drug or a combination of drugs and alcohol.

A first-time DWAI-drug offense is a misdemeanor, punishable by license revocation for at least six months, possible fines ranging from $500 to $1,000, and a possible jail term of up to one year. A second offense in 10 years is a Class E felony, which carries license revocation for one year, fines between $1,000 and $5,000, and possible imprisonment for up to four years. A third offense in 10 years is a Class D felony, punishable by license revocation for one year, fines between $2,000 and $10,000, and a possible prison term of seven years.

Contact Our Drug DWI Lawyer in Binghamton Today

If you are facing drug DWI charges, you need an attorney who will fight for your rights and help you get the outcome you want. At Jackson Bergman, LLP, we have a dedicated team of attorneys who are ready to help you.

Get started on your case by contacting our firm at (607) 367-7055.

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