Michael Kramer, Attorney at law

1311 Mamaroneck Ave
Suite 340
White Plains, NY 10605
mk@michaelkramerlaw.com

Call for a Free, 20-min,
Traffic Ticket Strategy Session

(914) 709-7161

Michael Kramer, Attorney at law

Interviewer: Can someone still be arrested for prescription drugs and get arrested for a DWAI drug?

Michael Kramer: The answer basically is yes, as long as the drugs are ones that are listed in the public health law, as long as the drug was voluntarily ingested and so long as the motorists’ ability to operate a motor vehicle was impaired to any extent.

A Passenger in a Car Being Driven by a DWAI Drug Offender Can Also be Arrested

Interviewer: If you are a passenger in a car and the driver is arrested for a DWAI Drugs and drugs are found in the car, can you be arrested for that too?

Michael Kramer: The answer again is yes but it depends on the location of the drugs in the vehicle. If the drugs are found in a common area in plain view, in an area usually the passenger has access to, then certainly yes. If on the other hand the drugs are found let’s say in the trunk or secreted on the person of the driver or in any other area where it cannot be presumed you had knowledge of its existence then you will probably not be arrested.

A Criminal Record for DWAI Drug Charges Depends Upon Several Factors

Interviewer: If someone’s arrested for a DWAI Drugs, will they have a criminal record?

Michael Kramer: That depends on a number of factors such as whether it is a first offense, whether you were involved in an accident, or some other form of reckless driving. If a first offense and there were no negative circumstances surrounding the stop of your vehicle, you will be able to plea bargain the DWAI Drug charge which is a misdemeanor to the lesser charge of DWAI Alcohol which is a violation and which will not result in a criminal record. Unfortunately, in a DWAI Drug case, the only lesser charge available is a plea to DWAI Alcohol which has no relationship to the original charge.

It is Advisable To Take a Chemical Test When Arrested for a DWAI Drug Charge

Interviewer: What happens in a situation where someone gets arrested for a DWAI Drug? In that case, is it best to refuse a chemical test?

Michael Kramer: If it is a first offense, unlike a DWI arrest, it is usually best to take the test and avoid the additional consequences of a refusal. The reason for this advice is that with a drug, usually marijuana let’s say, it stays in your system for weeks, even up to a month and thus a positive drug test does not necessarily show it was recently consumed nor that you are presently impaired and thus it is easier to explain than for example, a high BAC reading after a breath test.

Mostly People Convicted of a DWAI Drug Charge are Allowed to Drive on a Conditional License

Interviewer: Will someone be able to drive if they are convicted with DWAI Drugs?

Michael Kramer: Most of the time Yes, with a conditional license so long as the sentence of the court does not include a period of probation and so long as you are otherwise eligible for a conditional license.

Police Will Administer a Field Sobriety Test In Case of a DWAI Drug Charge

Interviewer: Do police officers still administer the field sobriety tests?

Michael Kramer: The field sobriety tests are used whether it is a DWI or a DWAI drug case. Although it is your right to refuse a field sobriety test, you have to explain that refusal at a later date and may still be arrested based on the police officers observations. Whereas if you submit to the field sobriety test, there is always the chance with an honest police officer that you might pass and then go on your way.

Michael Kramer, Esq.

Call for a Free, 20-min,
Traffic Ticket Strategy Session
(914) 709-7161