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What is drugged driving in New York?

On Behalf of | Apr 7, 2023 | DWI

Drugged driving in New York refers to operating a motor vehicle while under the influence of drugs or any substance that can impair one’s ability to drive safely. This can include illegal drugs, prescription medicines and even over-the-counter medications that may cause drowsiness or other side effects that can impact a driver’s ability to operate a vehicle safely.

New York has strict laws against driving while under the influence of drugs. The state’s Vehicle and Traffic Law Section 1192 states that it is illegal to operate a motor vehicle while ability-impaired by drugs (DWAI-Drugs). There’s no differentiation between drug types because only the driver’s impairment matters in these cases. 

What are the penalties for DWAI-Drugs in New York?

A driver found guilty of drugged driving can face penalties such as fines, license suspension, mandatory participation in a drug or alcohol rehabilitation program and imprisonment. Depending on your situation, here’s what you can expect:

  • First offense (misdemeanor):
  • A fine ranging from $500 to $1,000
  • Possible imprisonment up to 1 year
  • License suspension for at least 6 months
  • Second offense within 10 years (Class E felony):
  • A fine ranging from $1,000 to $5,000
  • Possible imprisonment up to 4 years
  • License revocation for at least 1 year

It is important to be aware of the potential effects of any medication or drug before getting behind the wheel in order to ensure the safety of all road users. If you’re charged with DWAI-drugs, you must learn about the defense options you have. Some options might have strict time limits, so be sure you don’t waste time determining what you’re going to do.

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