Common Misconceptions Regarding DWAI Drug Charges In New York

Interviewer: What are some of their biggest misconceptions when you meet with clients, when it comes to DWAI Drugs?

Michael Kramer: That it is not as serious as a DWI alcohol charge. That their arrest is illegal because they were not impaired or were not advised of their Miranda rights.

DWAI Drug Cases Are Extremely Hard to Prove in the State of New York

DWAI Drug cases are the hardest cases to prove. Everyone is aware of the recent arrest of one of the Kennedy family where Mrs. Kennedy, was accused of driving erratically on the highway and her claim was that she inadvertently took too many sleeping pills or too many of a prescribed medication and that therefore it was not a voluntary ingestion of drugs which is one of the elements of DWAI Drugs. She as you may recall, was found not guilty.

A DWAI Drug Case is Much Easier to Defend Than a DWI Case in New York

Basically a DWAI drug case is much harder to prove than a DWI alcohol case. All police usually have to rely on is field sobriety tests which are very ambiguous or a urine test which may show drugs present but not when they were consumed. So, they are the easiest cases to defend. Much easier than a DWI alcohol case with a high breathalyzer reading.

Timeframe of Resolution for a DWAI Drug Case in the State of New York

Interviewer: How long do these cases typically take?

Michael Kramer: Well depends upon whether you go to trial or not. If you go to trial, it’s based upon the courts calendar and each calendar varies depending upon the jurisdiction of the arrest occurred in, based upon how crowded the court docket is, etc. If you dispose of the case by a plea bargain, you’re probably talking about 2 – 3 months maximum. If you are requesting a trial, it may take 6 months to a year.

It is Advisable to Retain a Competent DWI Defense Attorney for Defending a DWAI Drug Charge

Interviewer: What is the best advice for an individual that’s going through this and during that process and they’re waiting, what can they do during that time frame?

Michael Kramer: Pray. There is really nothing much you can do after the fact. You can certainly prepare your testimony by meeting with your attorney and hope that the attorney is experienced enough to know how to prepare an adequate defense.

It is Illegal to Possess Prescription Drugs that are Not in Their Original Packing

Interviewer: If someone had a vehicle search and they weren’t yet arrested, maybe it was a minor traffic infraction, let’s say they had their grandmothers medication in there, what sort of problems or issues could they be facing in this scenario?

Michael Kramer: Depends upon whether it was prescribed medication, depends upon whether it was present in its original packaging. It is illegal to possess prescribed medication that is not in its original container so if you have lose pills in the car, you could be arrested for that. However, if it’s your grandmothers medication and she has a prescription and you can explain why it was left in the car, that certainly would be taken into consideration at a later time in dealing with the prosecutor.