When a driver is arrested for violating New York State’s laws regarding driving while under the influence of drugs, it helps to have an experienced Rochester DWI lawyer who understands what is needed to support the charge against the defendant.

New York has two impaired driving offenses that involve the use of drugs:

Driving While Ability Impaired by Drugs and Driving While Ability Impaired by a Combination of Alcohol and Drugs.

This latter offense may be charged when a driver is accused of impairment as a result of either the combined influence of alcohol and a drug or the combination of different drugs.

The list of what controlled substances are considered “drugs” for purposes of a charge of Driving While Ability Impaired by Drugs or Driving While Ability Impaired by a Combination of Alcohol and Drugs is set forth in the Public Health Law.

This list contains hundreds of items – many listed by complex chemical names that few people would recognize – and includes all major illegal drugs in New York State, including marijuana.

While it would not be practical to provide the full list of drugs here, there are several facts regarding the list that should be noted.

The list includes not just the drugs themselves but also, in most cases, synthetic forms of the drug, derivatives, mixtures, compounds, and basically any other form the drug may take.

Also, the list includes not just street drugs – such as heroin and cocaine – but also many prescription medications.

For example, codeine is on the list of drugs that may support a charge of Driving While Ability Impaired by Drugs or Driving While Ability Impaired by a Combination of Alcohol and Drugs, so long as a sufficient amount has been ingested that it caused impaired driving.

If you have been arrested for driving under the influence of drugs or alcohol, we can provide you with legal help. Be sure to call us at 585-484-7432.