Drugged driving is a leading cause of crashes in the United States – and New York is no exception. According to MADD, up to 4,000 drivers die in crashes each year with drugs in their systems. As a result, a conviction for drugged driving can carry steep penalties. If you were arrested for driving while ability impaired on drugs (DWAI-Drugs) in New York City, then one of your first calls should be to a DUI attorney.
A New York City DUI attorney from Goldberg & Allen, LLP can evaluate your case and structure a defense based on your unique circumstances. Our lawyers have many years of experience as prosecutors, and they understand how to find success in court. Call us today at 212-766-3366 to schedule a consultation.
Until then, read on to learn three common myths about drugged driving:
- Hospital Staff Automatically Test Patients’ Blood
Many people assume that hospitals automatically test drivers’ blood for drugs and alcohol after a car accident. Due to budgetary restraints, this is not always true.
In most cases, police need a warrant to obtain blood samples. Hospitals may destroy blood samples within one day in the absence of a warrant.
- Hospitals Screen Blood Samples for All Drugs
Testing blood samples for drugs is an expensive process, and it is unlikely that a hospital will test a patient’s blood for several types of drugs. If the facility does conduct a test, then it will probably screen only for a limited class of drugs; these include cocaine, marijuana, LSD and amphetamines.
Hospital tests are often just screening tests, and they may not count as confirmatory tests. They may produce false-positives, and as such, your DUI attorney can challenge the results in court.
- The Presence of Drugs Means the Driver Was Impaired during the Accident
Many people mistakenly believe that the presence of drugs in a hospital report means the suspect was impaired. Unlike alcohol, it is difficult to establish a correlation between drug dosing levels and impairment.
In order to win a conviction, the prosecuting authority must prove that the driver was impaired at the time of the arrest. The prosecutor may reference blood tests and medical records as evidence, but this is not always enough to convict a defendant.
When to Contact a DWAI-Drugs Attorney
A conviction for driving while ability impaired on drugs may come with life-changing consequences. Although the first offense is usually a misdemeanor, a conviction can still come with a fine, a six-month driver’s license suspension and even prison time. Repeat offenders will most likely face felony charges.
If New York police have arrested you for driving under the influence of drugs or alcohol, then contact Goldberg & Allen, LLP. A New York City false arrest lawyer will evaluate the charges and aggressively fight for a positive outcome to your case. To schedule a consultation, call us today at 212-766-3366.