In New York, it is possible to be charged with a DWI (Driving While Intoxicated) for prescription drugs, just as it is for alcohol or illegal substances. Prescription medications can impair your ability to drive safely, and law enforcement is equipped to test and arrest drivers suspected of impairment. This guide explains how prescription drugs can lead to a DWI charge, the penalties involved, and the available defenses.
Arthur Pressman focuses in the areas of DWI, traffic law and criminal defense.
Understanding DWI Laws in New York 
New York law takes impaired driving very seriously, and while many people associate DWI charges with alcohol consumption or illegal drugs, prescription medications can also lead to such charges. A prescription drug DWI charge occurs when a driver is found to be under the influence of a prescription medication that impairs their ability to drive safely.
Under New York law, the key issue is not whether the substance in question is legal, but whether it affects the driver’s ability to operate the vehicle safely. In other words, a valid prescription does not automatically shield you from a DWI charge if the medication impairs your driving skills.
New York law enforcement uses a broad definition of impaired driving. If a police officer believes that a driver is impaired by any substance — including prescription drugs — they can arrest the driver for DWI.
What Are Prescription Drugs?
Prescription drugs are medications that are prescribed by a licensed healthcare provider to treat specific health conditions. These medications are usually intended for personal use, and their use is legally sanctioned as long as the person follows the prescribed guidelines. However, even legal prescription medications can have side effects, such as drowsiness, dizziness, or impaired coordination, which could make driving dangerous.
Common prescription medications that could impair your ability to drive include:
- Opioids: Used for pain management (e.g., oxycodone, hydrocodone).
- Benzodiazepines: Prescribed for anxiety or sleep disorders (e.g., Xanax, Ativan).
- Antidepressants: Some can cause drowsiness or lack of focus (e.g., Zoloft, Prozac).
- Muscle Relaxants: Used to alleviate muscle spasms (e.g., Flexeril).
- Antihistamines: Commonly prescribed for allergies, but some cause sedation (e.g., Benadryl).
These drugs can affect motor skills, reaction time, and decision-making, all of which are critical when driving.
I was advised by a mutual acquaintance to contact Mr. Pressman following my DWI that I received on December 28, 2015. This was the best advice that I could have been given. He was available immediately to speak with. I was put at ease after speaking with him. It was my first DWI and I had no idea what to expect. It was an isolated case of making a very foolish decision to drive. I had so much anxiety and fear of the unknown. Throughout my whole case Mr. Pressman was very reassuring and kept a positive attitude about what my outcome was going to be. He was available several times when I had random questions and never made me feel like an inconvenience. He was right! My case ended up being reduced to a violation from a misdemeanor and now I can finally begin to have my life back to normal. It was a hard lesson to learn but with the right attorney by your side the transition will be easier. Anita D.
How Can Prescription Drugs Lead to a DWI in New York?
In New York, law enforcement uses several methods to determine whether a driver is impaired by prescription drugs. While alcohol-related DWIs typically rely on a blood alcohol concentration (BAC) test, prescription drug DWIs are evaluated differently. Here’s how:
1. Field Sobriety Tests
When a police officer suspects that a driver is impaired, they will typically first perform a field sobriety test (FST). This test is designed to assess a driver’s physical coordination and cognitive functions. If the officer observes that the driver is unable to perform these tasks successfully — such as walking in a straight line or following an object with their eyes — they may suspect impairment due to drugs, including prescription medications.
2. Drug Recognition Expert (DRE) Evaluation
If the officer believes that prescription drugs are involved, they may call in a Drug Recognition Expert (DRE). A DRE is a police officer who has specialized training to recognize drug impairment. The DRE will conduct a series of tests that evaluate the driver’s physical and mental condition, including eye movement, pulse rate, blood pressure, and coordination.
3. Chemical Testing
In cases where a prescription drug DWI is suspected, law enforcement may request a chemical test — such as blood, urine, or saliva — to detect the presence of drugs in the driver’s system. The results of this test can confirm whether prescription medications are impairing the driver.
While there is no set “legal limit” for prescription drugs as there is for alcohol, the presence of certain substances in your system, coupled with evidence of impaired driving, can result in a DWI charge.
Choosing a DWI Lawyer Cost of a DWI AttorneyRelated Videos
Penalties for a Prescription Drug DWI in New York
The penalties for a DWI involving prescription drugs in New York are similar to those for alcohol-related DWIs. They can include fines, license suspension, mandatory education programs, and even jail time, depending on the circumstances and whether it’s a repeat offense.
Here are some of the penalties you may face if convicted of a prescription drug DWI:
1. Fines
A first-time DWI offense can result in fines ranging from $500 to $1,000. If you are convicted of a second or subsequent offense, the fines can increase significantly, ranging from $1,000 to $5,000.
2. License Suspension
A DWI conviction typically leads to a suspension of your driver’s license. For a first offense, the suspension can last from six months to one year. For repeat offenses, the suspension period can be longer. In some cases, you may be eligible for a conditional license, which allows you to drive under certain conditions, such as to and from work.
3. Jail Time
In more severe cases, a prescription drug DWI can result in jail time. A first-time offense may lead to up to one year in jail, and repeat offenders may face longer sentences. Aggravating factors, such as having children in the car or causing an accident, can increase the likelihood of a jail sentence.
Case Results
4. Probation and Community Service
In some cases, a judge may order probation in lieu of, or in addition to, jail time. You may be required to attend drug or alcohol counseling programs and complete community service hours as part of your sentence.
Defenses to a Prescription Drug DWI Charge in New York
If you are facing a DWI charge related to prescription drugs, there are several potential defenses that an experienced attorney might use to reduce or dismiss the charges. Some of the most common defenses include:
1. Valid Prescription
If you have a valid prescription for the medication that is alleged to have impaired your driving, this can be a key defense. The law generally recognizes that you have the right to take prescribed medications, even if they cause impairment. However, you must still ensure that the prescription does not affect your ability to drive safely. If you are unsure whether your medication affects your driving ability, it’s important to discuss this with your doctor.
2. No Impairment
In some cases, you may be able to argue that the prescription drug did not impair your ability to drive. While many prescription drugs can cause impairment, not everyone experiences these effects in the same way. A strong defense may involve demonstrating that your driving was unaffected by the medication, either through witness testimony, expert testimony, or other evidence.
3. Improper Testing Procedures
The accuracy and reliability of the tests conducted by law enforcement are crucial in any DWI case. If you can demonstrate that the tests were not conducted properly — whether it’s a field sobriety test, a DRE evaluation, or a chemical test — this could be grounds for dismissing the charges.
4. Lack of Probable Cause for Stop
If the police officer did not have a valid reason to pull you over, this could be a violation of your rights. For example, if the officer did not observe any signs of impairment or illegal activity, they may have lacked the necessary probable cause for the stop. A skilled attorney may be able to challenge the arrest based on a lack of reasonable suspicion.
The Importance of Legal Representation for Prescription Drug DWI Cases
If you have been arrested for a prescription drug-related DWI in New York, it’s essential to consult with an experienced attorney who specializes in traffic law and DWI defense. An attorney can evaluate the details of your case, determine the best defense strategy, and guide you through the legal process.
A skilled lawyer can help you challenge the evidence, negotiate with prosecutors, and work to reduce the penalties or get the charges dismissed altogether. With the right legal representation, you can ensure that your rights are protected and work toward the best possible outcome in your case.
If you are facing a prescription drug DWI charge in New York, Arthur L. Pressman, Attorney at Law, is here to help. Arthur L. Pressman is dedicated to providing skilled legal representation to clients throughout New York State, offering free consultations to discuss your case. Contact Arthur L. Pressman today to learn more about your legal options and how to protect your future.
To learn more about this subject click here: First-Time DUI Offenders: What Are Your Options?
|
|