Everyone knows that driving a vehicle under the influence of drugs and alcohol are illegal. But what does the law in New York have to say about over the counter medicine, like Benadryl or NyQuil? Any medication that impairs you will label the bottle as such, advising anyone who takes it to not drive a car or operate heavy machinery under its influence.
So, it’s important to learn that New York State does not make a formal distinction between legal drugs and illegal drugs when charging someone for a DWAI. Driving under the influence of cocaine, ecstasy, or alcohol carries the same consequences of driving while impaired under a drug like Benadryl, NyQuil, or another medication that can alter your judgment and reflexes. So long as you are influenced by the drug you’re taking, and operating a vehicle in New York, you can be charged with Driving While Ability Impaired. Always read drug medications carefully, as driving on certain medications feels similar to drugs and alcohol.
This area of law is governed under New York Vehicle and Traffic Law § 1192.4, which states “No person shall operate a motor vehicle while the person’s ability to operate such motor vehicle is impaired by the consumption of alcohol or drugs.” If you or someone you love have been arrested for driving under the influence of any drug or alcohol in New York, contact DWI attorney Gianni Karmily for a free case evaluation.
What Are The Penalties For Driving While Ability Impaired – Alcohol In New York?
Penalties for a first time DWAI-Alcohol offense can include up to fifteen days behind bars in a state or county correctional facility, a monetary fine, and license suspension of ninety days. In addition to these charges, a first time offender will need to pay an annual “assessment fee” that is a minimum of $250 every three years for a total of $750. This is part of New York State’s Driver Responsibility Program. Additionally, in New York there is a zero tolerance law, which states that a driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law.
If you have been arrested for Driving While Ability Impaired and it’s not your first charge of that nature, you could be facing much more harsh penalties. You will need the help of a lawyer to fight back against these charges and minimize your impending penalties as best as possible. You could be facing high fines and a lengthy jail sentence — even if you were not under the influence of alcohol or illegal drugs, but Benadryl.
If you have been charged with Driving While Ability Impaired in New York, you need to act fast and get the help of a criminal defense attorney who understands how to defend people in your position. Even if you were under the influence of a legal substance such as Benadryl, you’ll need a strong defense to minimize your penalties.
Hempstead attorney Gianni Karmily has built a reputation for superlative client service and for tenacious and effective defense representation. He has a passion for justice. If you are charged with DWAI, he will explain your options, defend your rights, and guide you through the process.
How Does A Lawyer Help With A Driving Under The Influence Charge?
A strong, hardworking criminal defense attorney will go above and beyond to fight on your behalf, tell your side of the story, and reduce your impending penalties as best as possible. As your DUI, DWI or DWAI criminal defense lawyer, Gianni Karmily will review the prosecution’s evidence and find the best way to cast doubt on the state’s case against you. Breathalyzer and blood test results may be disputed, if applicable to your case, or the arresting police officer’s testimony may be challenged in court.
There is a lot at stake when it comes to a driving while intoxicated charge. It’s important that you be advised by and represented by an attorney with courtroom experience and a demonstrated track record of success, especially with handling DWI cases. Every case is different, so it’s important you schedule a free consultation right away to get a head start on building a strong defense case.
Schedule A Free No Obligation Consultation With Gianni Karmily About Your DWI Charge
Regardless of if you were under the influence of alcohol, illegal substances, or over the counter medication like Benadryl or NyQuil, a DWI/DWAI charge can change your life for the worse. Call the Law Firm of Gianni Karmily and schedule a free, no obligation criminal case evaluation to discuss your defense as soon as possible.
