It is difficult for officers to detect whether you are under the influence of drugs until they have pulled you over. if you have been pulled over by a police officer, never consent to allow the police to search your vehicle. Remember your First Amendment Rights, and if you are facing issues with narcotics involvement in your DWI arrest, you must contact our attorneys right away.
Your First Amendment Rights
You are not arrested until you admit something to a police officer; otherwise, the police officer has to see that you are impaired or intoxicated before asking you to get out of the car. The first thing the officer will do is ask you what you have taken, smoked, or drank.
If you tell an officer you did not drink, take drugs, or smoke but still appear impaired, then the officer can pull you out of the vehicle. If you pass the Alco-Sensor, you may still be taken in under suspicion of being on narcotics.
What Does a DWAI Mean in New York?
Operating a motor vehicle with drugs in your system can lead to being charged with Driving While Ability Impaired by Drugs (DWAI by Drugs) Under New York Vehicle and Traffic Laws § 11929(4). This law forbids anyone from driving a vehicle when their ability to do so is compromised by drugs.
A drug in this context is defined as any substance included in Public Health Law § 3306, which encompasses:
→ Hallucinogenic substances
→ Synthetic drugs
→ Stimulants like cocaine and amphetamines
→ Opiates and derivatives of opium
→ Depressants, such as barbituates
→ Marijuana and THC
To secure a conviction, the prosecution has to establish the following:
→ The intentional consumption of a drug
→ The consumed drug is one among those prohibited under the law
→ A motor vehicle was being operated while the defendant was under the influence
→ The defendant’s ability to drive was hindered by the drug ingested
Understand Leandra’s Law in New York
Provide history of Leandra’s Law here.
Leandra’s Law charges a person for committing the crime of DWI, DWAI Drugs, or DAWI Combined Influence and committing this crime while having a passenger who is 15 years old or under.
Even if this is your first offense, this charge may still be considered a felony. There are several possible sentences for violating this law and can vary depending on the circumstances of the case.
Penalties for this crime could include:
→ A mandatory installation of an ignition interlock device
→ A minimum of 1-year license revocation
→ A $1,000 to $10,000 fine
→ A court-mandated surcharge
→ Up to 7 years in State Prison and/or
→ A 5 year term on probation
You could spend up to 15-25 years in prison if a child passenger is injured or killed by your intoxication or drug impairment.
You Do Not Need to Consent to Being Searched
It is important to know your rights. You have the right to not be searched without a warrant, and you should never consent to allowing the police to search your vehicle.
Allowing a police officer to search your car is the same thing as making a confession.
Things to Do When Pulled Over by The Police | Details |
Remember Your First Amendment Rights | Remember that you have the right to remain silent and not answer any questions beyond providing basic identification information. You are not obligated to admit to any illegal activities or disclose information that may incrimminate you. Consult with an attorney before answering any further questions |
You Do Not Need to Consent to Being Searched | It is important to know that you have the right to refuse a search of your vehicle without a warrant. Never consent to a search, even if you believe you have evidence of drugs or drugs themselves. Consenting to a search mmay harm your legal position, similar to making a confession. Assert your right to not be searched without a warrant. |
It Is Illegal to Smoke Marijuana While Driving
In many drug cases, people get pulled over because they are smoking marijuana in the vehicle.
Defend Your Rights Today
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.
Intake is free of charge and will include