For Rochester criminal defense lawyers, defending against a charge of driving under the influence of drugs is – in many ways – similar to defending drinking and driving cases.
New York State uses essentially the same system of penalties regardless of whether the driver was under the influence of alcohol or drugs.
Also, for repeat offenders, whether a prior offense was for Driving While Intoxicated or for driving under the influence of drugs is irrelevant to the enhanced charge.
Felony Driving While Ability Impaired By Drugs may be charged when a person is arrested for Driving While Ability Impaired by Drugs and, within the preceding ten years, he or she has been convicted of Driving While Intoxicated, Driving With Blood Alcohol Content Of .08% Or Greater, Driving With Blood Alcohol Content Of .18% Or Greater (also called Aggravated Driving While Intoxicated per se), Driving While Ability Impaired by Drugs, Driving While Ability Impaired by Alcohol And Drugs, or one of various Vehicular Assault and Vehicular Manslaughter charges related to driving under the influence of alcohol.
If it can be proven that the driver previously was convicted of one of these offenses within the preceding ten years, the charge is elevated from a misdemeanor offense to a felony offense.
Aside from this enhancement, the proof required is the same as for a misdemeanor offense of Driving While Ability Impaired by Drugs.
Basically, it must be shown that the defendant operated a motor vehicle while his or her ability to do so was impaired – to any extent – by a drug.
The drug may be a patently illegal substance such as cannabis, cocaine or LSD, or it may be a prescription medication that impairs the ability to drive.
The fact that a driver has a prescription for a medication that causes impairment while driving is not a defense to the charge.
If you have been arrested for driving under the influence of alcohol or drugs, call us for legal help at 585-484-7432.