Brooklyn Driving Under the Influence of Drugs Lawyers
In Brooklyn and in the rest of New York, driving under the influence of drugs is a very serious offense. If you get behind the wheel of a car and operate it while impaired by drugs, you can be charged with driving under the influence (DUI) or driving while ability impaired (DWAI). It is illegal to drive while you are under the influence of marijuana, cocaine, heroin or a combination of both illegal and even legally prescribed drugs.
Implied Consent in the State of New York
If a person is driving a vehicle in Brooklyn or anywhere else in the state of New York, that person is considered to have given consent to a chemical test that involves blood, breath, saliva or urine or any combination of them. The chemical tests are done to determine whether the individual has drugs in their system while they are operating a vehicle. If a driver is pulled over by a police officer for any reason, even if that original reason was not that the officer suspected they were under the influence of drugs, they must submit to a test.
If the individual refuses to submit to a chemical test, they can subsequently be arrested on suspicion of DUI. Not taking chemical tests can serve as evidence during a trial, hearing or other court proceeding against the individual and shows that the person was given a fair warning in clear language what effects not submitting to tests carry.
What Happens if a Driver Refuses to Submit to Chemical Testing?
After the person suspected of driving while under the influence of drugs has refused to submit to chemical tests, he or she can expect their driver’s license to be suspended for a period of at least one year. Afterward, the license cannot be restored except by the commissioner. If the individual has previously refused to submit to a chemical test when they were pulled over under suspicion of being under the influence of drugs a prior time, they can expect their license to be revoked for at least 18 months.
If the individual is subsequently arrested for DUI, they can request a criminal defense attorney. This can also be considered the same as refusing to a chemical test. If the person submits to a chemical test, he or she can also choose to undergo chemical testing with their own doctor as well.
What are the Penalties for Driving Under the Influence of Drugs in New York?
There are significant penalties placed on a person who is found guilty of driving under the influence of drugs in Brooklyn and the rest of New York. They include the following:
• First Offense: A first offense DUI is charged as a misdemeanor. The defendant can expect to face a fine of at least $500 to $1,000, spend one year in prison and have their license revoked for a period of at least six months.
• Second Offense: A second offense DUI is charged as a class E felony. Penalties instituted include a fine of at least $1,000 to a maximum of $5,000, imprisonment of five to 30 days, possible community service, a one-year revocation of the individual’s driver’s license and possibly being ordered to attend a DUI program.
• Third and Subsequent Offenses: With a third or higher DUI offense, the charge is classified as a class D felony. The defendant can expect a fine ranging from $2,000 to $10,000, spending seven days to 10 years in prison, having an ignition interlock device placed on their vehicle and a license suspension for at least one year.
If you have been arrested for driving under the influence of drugs, it’s important to hire an experienced criminal defense attorney. It is your best bet for getting the charges against you reduced or even dropped. Contact a lawyer at your earliest convenience.
Mar 31, 2020
May 17, 2018
Spodek Law is a great firm. They are super pragmatic