Driving Under Influence of Drugs
JUST BECAUSE A PERSON IS ARRESTED FOR DRIVING UNDER THE INFLUENCE OF DRUGS DOES NOT MEAN THEY ARE GUILTY.
DRIVING UNDER THE INFLUENCE OF DRUGS CAN BE SUCCESSFUL DEFENDED
Under New York State Law 1192.4 - A person can not operate a Motor Vehicle while their ability is impaired by the consumption of Drug. While these cases in the past were no frequently plea bargained to lesser offenses recently many District Attorney Offices have taken to prosecuting these cases zealously. Currently, the District Attorneys in several Counties, including Nassau County have to refused to Plea Bargain these cases down to lesser offenses, therefore requiring that the person charged with these offenses to have a criminal record for the rest of their lives. This is unfair as this Offense is not limited to illicit drugs like cocaine, heroin, but cover drugs that the Motorist has a prescription for and is taking in accordance with their Doctors’ directive.
Fortunately, these cases can be defended by our firm. The prosecution of these cases are more difficult then they may originally appear. Currently most Police Departments use urine tests when they arrest someone who they suspect is Operating Under the Influence of Drugs. Any credible Forensic Toxicologist will point out that these urine tests are absolutely worthless in establishing that a Driver was actually impaired to any extent by any drug. The urine test merely shows whether or not a person may have ingested a drug at an earlier time. There is no correlation between the about of substance or metabolite of a drug in a person’s urine and actual impairment.
Moreover, While a blood test will reveal more information than a urine test, in that can reveal the presence of a drug in a person blood, and whether a person may be within therapeutic limits for taking the drug. The Fact is that the mere presence of a drug even outside of therapeutic limits in a persons’ blood does not mean a person is guilty of driving under the influence of drugs. The Prosecution have to show actual impairment which is caused by the drug, rather than some other cause. Unlike alcohol where there the law makes a direct correlation between the offense and certain blood alcohol limits, no such correlation presently exist for 1192.4. Indeed, a person can have many times the therapeutic limit and not be guilty of this offense because they have built up a tolerance for this medication.
Given the Current Policy of many County District Attorney Offices, it is imperative that a person charged with this offense hired a qualified DWI Lawyer.