Buffalo DWI Lawyer Arthur Pressman Outlines Some Unexpected Types of DWI in New York State
There is a profusion of laws in the state of New York that dictate what does and does not constitute driving while intoxicated (DWI). These rules are designed to promote public safety, but the range of actions that are classified as subject to DWI may appear surprising. Not only can DWI charges be levied at drivers who were driving motor vehicles other than their own, but even people operating non-motor vehicles who have not had a sip of alcohol can be eligible for a DWI charge. Read on to find out more about the unexpected types of DWI in New York State.
Boats/Jet Skis DWI
We live on Lake Erie on a number of waterways in the Western New York area. Many people use boats and jet skis. In New York it is illegal to consume alcohol and/or drugs while operating a jet ski or a boat. There is a charge of boating while intoxicated and that includes jet skis. I’ve represented numerous people who are out on the Niagara River or on Lake Erie who get arrested and stopped by the Sheriff’s patrol on the lake for boating or driving a jet ski while intoxicated. These types of DWI apply all over Lake Erie down to Sunset Bay, Mickey Rat’s, and on the Niagara River as well in Niagara County going towards Lake Ontario.
Can I Be Convicted of a DWI If Under the Influence of Marijuana?
I represent many young adults and college students. I recently had a case in Amherst where my client was a student at the University of Buffalo. He was charged with driving while impaired by drugs. When he was pulled over, the officer smelled the odor of marijuana coming from his car and his person. He then admitted to driving after he had just smoked some marijuana. The penalties for smoking marijuana or ingesting any drug are nearly identical as those for drinking alcohol. With these types of DWI, your license may be revoked, you can have a penalty of fines and/or jail imposed as well.
Can I Be Convicted of a DWI If Under the Influence of My Prescription Medication?
Many people nowadays take prescription medication for pain relief or other ailments. I was recently in the court in the town of Elma representing a woman who was taking pain medication for a long-term back ailment. If you are driving under the influence of pain medication and you’ve exceeded the amount you’re to take or it’s a narcotic and you are impaired by this narcotic, it is a crime in New York State. It is the same thing if you are convicted of driving while impaired by marijuana, cocaine, an opiate, or any type of prescription medication. You are not allowed to drive in New York State if you are impaired by the prescription medication you are taking.
Can I Get Arrested for a DWI While Sleeping in a Vehicle That Isn’t Moving?
I was in the village of Kenmore the other night representing a client who was charged with sleeping in his vehicle. I am frequently asked if I’m sleeping in my vehicle and the car is not running or moving, can I get arrested for a DWI? The answer depends on a number of different variables such as were your keys in the ignition? Was the car running? Was your intent to drive the vehicle while you were intoxicated? My office looks into all these facts, investigates all the circumstances, and we will defend you if your car was not moving and your intent was not to drive.
Can They Impound a Car That Does Not Belong to Me If I Get a DWI While Driving It?
I recently had a client who was driving his girlfriend’s car in the town of Amherst and was arrested for DWI. He was the only one in the vehicle. The Amherst police impounded the vehicle, and his girlfriend had to go the next day and get it out of impound. If you have a passenger from the vehicle who is sober and is the rightful owner of the vehicle, oftentimes the police agencies will allow them to drive the vehicle away. Otherwise it is towed and taken to the local impound lot where you will incur daily fees to get your car out of impound.
Can You Get a DWI on a Bicycle?
I’m often asked if you can get a DWI or arrested for driving while intoxicated or impaired while on a non-motorized vehicle such as a bicycle or anything that’s not motorized. In New York State the statutes require that the vehicle in question be motorized. Those types of DWI could include vehicles such as an ATV, a jet ski, a boat, or an automobile.