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What Are The Consequences of Drugged Driving in New York?

To err is human. Unfortunately, some of those errors are also illegal. If you’ve been arrested for suspicion of driving under the influence of drugs, please read on, then contact an experienced Spring Valley, New York drug DWI defense attorney to learn what the consequences are for drugged driving in New York.

What are the consequences of drugged driving in New York?

Your penalty depends on how many, if any, prior convictions you have for drugged driving. The consequences 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 long will a DWI or DWAI stay on your record?

Many states have a set “look-back” or “wash-out” period that applies for all purposes. These periods are typically seven or ten years. Impaired driving convictions that occurred within the look-back period generally count as prior convictions, while convictions that occurred before said period don’t. However, New York applies several different look-back periods – four, five, ten and 25 years – depending on the circumstances. Any conviction, or even an arrest, can take away your rights and impose sanctions and disqualifications that affect your future prospects for jobs, housing, government benefits, citizenship, student loans, the ability to adopt a child and much more. For instance, New York state law requires those with a conviction record to disclose any prior convictions to any potential employers. More than the initial fines, a drug DUI conviction could damage your financial stability for years to come.

How can I fight drugged driving charges?

Only a skilled Rockland County criminal defense attorney will be able to raise enough reasonable doubt about all aspects of your alleged drug DWI arrest, including the legitimacy of New York law enforcement agencies’ claims of probable cause and the reliability of the state’s specially trained drug recognition experts, whose training has not been scientifically validated despite being admissible in court. Not letting this define the rest of your life will be an uphill battle, so you will need seasoned legal representation.


Kevin T. Conway has over 30 years of experience as a Spring Valley criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need a Rockland County criminal lawyer, contact our Spring Valley office for a free consultation.

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