What Are The Laws Regarding Prescription Medication DWI In New York?

What Are The Laws Under New York State Regarding Prescription Medications And Operating Motor Vehicles?

In New York, “no person shall operate a motor vehicle while the person’s ability to operate such a motor vehicle is impaired by the use of a drug as defined in the Public Health Law. Section 3306 of the Public Health Law establishes five schedules of controlled substances and lists them, any of which if found in a motorist’s system and results in impairment can result in a finding of guilt.

In order for the prosecutor to prove a defendant guilty beyond a reasonable doubt of driving with ability impaired by drugs, the prosecutor must prove the following elements:

1. The defendant voluntarily ingested a drug;
2. The drug ingested by a defendant is one proscribed by Public Health Law Section 3306;
3. After ingesting the drug, the defendant operated the motor vehicle; and
4. While operating this motor vehicle, the defendant’s ability to operate a motor vehicle was impaired by the drug.

What Percentage Of DUI Cases Involve Prescribed Medications?

An estimated 10 to 15%.

What Happens When Someone Is Pulled Over And An Officer Suspects The Driver Is Under The Influence Of A Substance Other Than Alcohol?

Once a police officer has made some initial observation that a motorist might very well be impaired, he is then authorized to perform field sobriety tests, which if positive, will result in an arrest.

Are Standardized Field Sobriety Tests Typically Requested In These Cases?

The answer in general is yes, although the specific tests employed should be designed to detect drug impairment rather than alcohol intoxication.

Once a police officer has determined either through the conduct of field sobriety tests and/or admissions from a motorist that he has taken some prescribed drugs, that there is enough evidence to make an arrest for Driving While Abilities Impaired, where an individual will be handcuffed and taken back to the police station.

There, a proper investigation requires, a Drug Recognition Examination be conducted by an officer trained to do so. The preliminary examination consists of a series of questions asked of the defendant by the Drug Recognition Examiner. The questions are designed to illicit information from the defendant in regard to his physical condition, use of medication, and consumption of food and beverage.

In addition, several questions will be asked of the motorist to determine whether or not he or she is oriented as to time, etc.

Thereafter, a chemical test will be requested, usually a urine test, which will determine if there is a proscribed drug in the motorist’s system.

How And When Do The Police Test For The Presence Of A Prescription Drug In The Person’s System?

As indicated previously, the test is requested after a person has been arrested and after a drug recognition examination has occurred. The test usually requested is a urine test.

Can A Person Refuse To Take A Drug Test? If They Refuse, What Are The Consequences? Can The Police Get A Warrant For A Blood Test?

Yes, a motorist can refuse but if they do so, they can face the consequences of a “refusal” which are the same for refusing a breath test in a DWI investigation. The motorist will lose his license for a year and receive a substantial monetary penalty.

If the circumstances dictate, that is if the motorist is incapacitated, or if a death or a very serious bodily injury has occurred, the police can apply for a compulsory chemical test warrant from a judge which then permits them to draw blood for the purpose of testing for drug ingestion.

How Reliable Are The Blood Tests That Are Taken?

Blood tests, if proper procedures are followed, are deemed to be extremely reliable.

If A Person Has Taken Their Prescribed Dose Of Medication, What Other Factors Might Play Whether Or Not They Will Be Charged With DUI?

If a person takes prescribed medication and drives a motor vehicle, he or she does so at their risk. If one of the side effects is some degree of impairment and a police officer feels the impairment rises to a level where it affects their ability to drive, they then can be arrested for driving while ability impaired by drugs.

Should The Person Ever Admit To The Police Officer At The Scene That They Are Prescribed A Certain Medication?

In general, any admissions made at the scene can result in providing evidence that can be used against the person. So as a general rule, you should not make any such admissions.

If A Person Has Exceeded His Prescribed Dose Of Medication, What Are The Resulting Consequences?

The law requires that impairment by drugs be voluntary. That the drugs must be voluntarily consumed. If therefore a person has exceeded their prescribed dose of medication by mistake or inadvertence, that is not voluntary consumption and therefore, they would have a defense to the charge.

If A Person Is Caught With A Prescription Bottle That Is In Someone Else’s Name, And Has The Drug In Their System, What Kind Of Charges Will They Face?

Unless somehow they come up with a defense indicating that the consumption of this drug was not voluntary, they will be facing a charge of driving while ability is impaired by drugs.

If A Person Is Caught With A Prescription Bottle With No Label, What Happens Next?

They might be facing an additional charge for the possession of prescribed drugs not in its original packaging.

Are These Cases Harder Or Easier To Defend Than A DWI Stemming From Alcohol Use?

They are usually harder to defend as the definition of intoxication and impairment by drugs differ. In a DWI, the burden is on the prosecutor to prove that the defendant’s condition rises to the level of intoxication.

Whereas in a DWAI drug prosecution, the prosecutor need only prove that the defendant’s ability to operate a motor vehicle has been impaired to “any extent”. Any extent, is a much lower burden than intoxication.

If This Is A Second DWAI Charge And The First Was For Alcohol, Does That Change Anything In A Prescription DWAI Case?

A defendant who is charged with DWAI drugs after having been convicted of a misdemeanor DWI within ten years can be charged with a Class E Felony.

Will They Be Required To Have An Interlock Ignition Device In Their Vehicle For A DWAI Drug Conviction?

No. Ignition interlock devices are designed to detect alcohol consumption and do not apply to drug ingestion.

Why Do These Cases Need An Experienced Attorney Who Knows And Understands These Types Of Cases?

The answer very simply is that an attorney who specializes in and has vast experience in cross examining police officers with regard to their ability to detect any degree of impairment is essential.

Whether the impairment rises to the level of intoxication in a DWI prosecution or whether the impairment is one that is required to be proved in a DWAI drug prosecution, the basic approach of a defense attorney is the same.

As an example, suppose the evidence shows that a motorist has ingested a prescribed drug that is listed and prohibited in the Public Health Law. The issue then becomes whether in fact that drug has caused some degree of impairment in their ability to drive.

A defense attorney’s ability to cross examine a police officer and cast doubt on his ability to observe that impairment and testify as to the basis for that conclusion becomes the most important issue in the case.

If you have been Charged with a Prescription Medication DWI In New York, contact the office of Attorney Michael Kramer at (914) 709-7161 for a free initial consultation and get the information and legal answers you’re seeking.