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May 1, 2017

New York Vehicle and Traffic Law 1192.4: Driving While Ability Impaired By Drugs

What Is Driving While Impaired By Drugs?
This is a serious crime that can be considered a felony in most locations. Driving under the influence of drugs can alter your reaction time behind the wheel when braking or shifting lanes and turning. It can make the road difficult to see as the drugs can do everything from make you hallucinate to make you tired to the point that you can’t keep your eyes open while on the road.

Any drug can impair the ability to drive. Most of the time, charges are brought against you if the drug is an illegal substance, such as marijuana, or if you are taking prescription medications that aren’t yours. Even if the doctor orders drugs to be taken on a daily basis, it should not be used as a reason for taking the drugs while driving. If you are taking any kind of medication, then you should stay at home until you are finished taking the drug. Some drugs will change the concentration levels of the body, making it hard to focus on things like traffic lights or other drivers who are in front of you or who are in lanes beside you on the interstate.

Many states have laws in place that make it a bit easier to prosecute those who are under the influence of drugs while driving. These are called “per se” laws. If there is any amount of drug detected in the body, then you would be charged with a DUI. From morphine to cocaine and heroin, the impacts that drugs have on the body vary depending on the weight of the driver and the age of the driver. It will also depend heavily on how much of the drug is taken. Most prescriptions have a warning label on the side that states not to operate a vehicle while taking the medication. Antidepressants, pain killers and sleeping pills often do the most damage when it comes to the impacts on the mind while driving.

Driving While Impaired By Drugs Examples
There are numerous examples that you can research to see the results that could happen if you were to take drugs before driving. Someone who takes a pain reliever before going to work or going to do anything that involved driving is just as guilty of committing a crime as someone who were to possess an illegal drug. There are instances when someone might go to a party and use an illegal drug before going home. There are more situations where people use heroin or cocaine while in the vehicle and think that they can drive like normal. These are drugs that impair the mind and body to a point where there is a potential of passing out or slipping into unconsciousness while driving or being on the side of the road.

Defenses For Driving While Impaired
If you have been charged with driving while being impaired, then a NYC criminal attorney can look at the drugs that were in the body when you were pulled over. An attorney would need to prove that you weren’t operating the vehicle or that you weren’t under the influence while you were driving. If an officer approaches an idle car, then the charge could be debatable depending on the drug in question and the amount. If the officer didn’t have a probably cause to stop you in the first place, then this could be used as a defense.

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Queens

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Astoria, NY 11106

Phone

888-977-6335

Brooklyn

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Brooklyn, NY 11201

Phone

888-977-6335

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