Drug DWI Charges in New York

One of the most serious violations an individual can commit on the road is driving under the influence. The state of New York takes this offense very seriously and is strict in handling these crimes. Usually, people associated with driving under the influence of solely alcohol. However, it is considered driving under the influence when drivers are using drugs as well. In New York, a drug DWI is called driving while impaired by drugs (DWAI-Drug). Individuals who are charged with a DWAI-Drug offense are not only facing a DWI charge, but also drug charges. Those who are charged with this offense may be subject to a variety of consequences depending on the degree of the offense.

First Offense

Similar to a DWI charge, a first-offense DWAI-Drug offense is a misdemeanor charge. This charge may require the driver to face a series of penalties. These consequences may include:

  • A fine between $500-$1000
  • The possibility of up to 1 year in jail
  • A suspended license for a minimum of 6 months
  • State surcharges and assessment fines

Individuals who participate in the Impaired Driver Program may be eligible to receive a conditional license. A conditional license allows individuals with a suspended license to drive to and from work, school, and medical appointments. It is important to speak with an experienced attorney if you have been charged with a DWAI-Drug offense, as they may be able to plea bargain and lessen the charges against you.

Second Offense

If a driver is charged with their second DWAI-Drug offense, they may face a class E felony. In the event of this, they may face more severe consequences than that of their first offense. This can include:

  • A fine between $1000 and $5000
  • The possibility of up to 4 years in jail
  • A revoked license for a minimum of 1 year
  • State surcharges and assessment fines

Courts in the state of New York are less likely to work out plea bargains with repeat offenders. However, it is not impossible to lessen the charges of a second-offender.

Third Offense

If an individual is charged with a third or subsequent DWAI-Drug offense within 10 years, they will be charged with a class D felony. Consequences for this offense may include:

  • A fine between $2000 and $10,000
  • The possibility of up to 7 years in jail
  • A revoked license for at least 1 year
  • State surcharges and assessment fees

It is highly unlikely that New York courts will agree to a plea bargain for a third or subsequent offense for DWAI-Drug charges. In the event of this, it is crucial to enlist an experienced attorney that can navigate your case.

Contact out Firm

If you or someone you know was charged with a DWAI-Drug charge and is seeking legal counsel,  contact the Law Office of Kevin T. Conway today.

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.