Driving While Intoxicated (DWI) is usually linked to alcohol or illicit substances, yet many are unaware that one can also face a DWI for operating a motor vehicle under the influence of prescription medications in New York. It is crucial to understand the relevance of New York’s DWI statutes to pharmaceutical drugs prescribed by a physician, as well as the steps you can take to safeguard yourself if you must get behind the wheel while taking medication. Please continue reading discover the potential consequences of a prescription drug DIW and how a seasoned Garden City, NY DWI/DUI Attorney can shield you from an uncertain future. 

Is Your Prescription Drug Putting You at Risk for a DWI in New York?

In New York, you can be charged with a DWI or DWAI (Driving While Ability Impaired) for getting behind the wheel while taking prescription medication, even if the medication was legally prescribed to you. Under New York Vehicle and Traffic Law, Section 1192, if a prescription medication compromises your ability to safely navigate the roadways, you can face the same penalties as an alcohol-related DWI. 

Unfortunately, having a legal prescription is not an automatic shield against a DWAI charge if the medication causes drowsiness, blurred vision, reduced coordination, confusion, or slower reaction times. Prescription drugs with sedative effects, like benzos, sleeping aids, and some allergy medications, can lead to a DWI arrest. 

What Are the Potential Penalties?

A DWAI conviction in New York involving prescription drugs can have far-reaching consequences similar to those for alcohol or illegal substances. Potential penalties include: 

  • First Offense: This is a misdemeanor offense, which is punishable by a $500-$1,000 fine, up to 1 year behind bars, 6-month license revocation, plus surcharges. 
  • Second Offense: This is a Class E felony, which applies if the offense occurs within 10 years of a prior conviction. This crime is punishable by a fine of $1,000-$5,000, up to 4 years behind bars, and a 1-year license revocation. 
  • Third Offense: This is a Class D felony, which applies if the offense occurs within 10 years of a prior conviction. This crime is punishable by a fine of $2,000-$10,000, up to 7 years behind bars, and a 1-year license revocation.

It should be noted that you may also be subject to mandatory drug treatment and probation with strict conditions. If you refuse chemical testing, you will face a separate 1-year license revocation and a $500 civil fine. 

Contact KCS Law today to schedule a consultation. Our legal team is prepared to examine evidence and potential defenses. We will tirelessly fight for the best possible outcome given the unique circumstances of your case.