What if I’m Caught Drugged Driving in New York?

We all make mistakes. It’s part of being human. While you should never operate a motor vehicle after you’ve used narcotics or other intoxicants, doing so shouldn’t necessarily define the rest of your life. Whether you’re being charged for the first or third drugged driving offense, please continue reading, then reach out to an experienced Rockland County DUI attorney to discuss your next steps.

WHAT IF I’M CAUGHT DRUGGED DRIVING IN NEW YORK?

In New York, the penalties for driving under the influence of drugs depend on the number of times, if any, you’ve committed this offense before. The penalties are as follows:

First offense:

  • A misdemeanor conviction
  • $500 to $1,000 fine
  • Up to 1 year in jail
  • 6 months suspension of driving privileges

Second offense in 10 years:

  • Class E felony conviction
  • $1,000 to $5,000 fine
  • 1 to 4 years in jail
  • 1 year suspension of driving privileges, if prior was within a 10-year period
  • Attendance in a DUI program

Third offense in 10 years:

  • Class D felony conviction
  • $2,000 to $10,000 fine
  • 1 to 7 years in prison
  • Permanent revocation of driving privileges, if priors were within a 4-year period

HOW DO AUTHORITIES DETERMINE IF YOU’RE INTOXICATED?

Law enforcement agencies rely on specially trained officers, who use a combination of field sobriety tests, observations of vital signs and sometimes searches of a vehicle to make the call. These observations include: impaired perception of time and distance, inability to differentiate between legal and illegal, pulse check, eye exams and, of course, blood, saliva or urine samples.

CAN I REFUSE TO SUBMIT TO TESTS?

Keep in mind that New York is an implied consent state, meaning that, by virtue of driving in the state, you shall be deemed to have given consent to a chemical test of your breath, blood, urine or saliva, provided that such a test is administered by or at the direction of a police officer with probable cause. Evidence of a refusal to submit to such a chemical test shall be admissible in any trial, proceeding or hearing, so long as it’s demonstrated that the driver was given sufficient warning in clear and unequivocal language explaining the ramifications of said refusal. A refusal will result in a suspension of driving privileges for at least a year and only be restored at the commissioner’s discretion. If you have questions about the best path forward, you need a skilled Rockland County criminal defense attorney.

Contact our experienced Rockland County firm

Those facing criminal charges in New York need a strong Rockland County defense attorney who knows the ins and outs of the criminal justice system. Fortunately, our firm is ready to put over 30 years of experience to work for you. Call today or contact The Law Office of Carl Spector online to schedule a free confidential consultation. We are ready to help you go on living life positively, happily, and free from the burdens of a criminal conviction–all you have to do is ask.

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