We’ve all exercised poor judgment at one time or another. While you should never operate a motor vehicle after you’ve used narcotics or other intoxicating substances, doing so shouldn’t necessarily define the rest of your life. Whether you’re being charged for your first or third offense, please continue reading, then reach out to an experienced Nassau County DUI lawyer to discuss what happens if you’re caught driving under the influence of drugs in New York.
WHAT HAPPENS IF I’M CAUGHT DRIVING UNDER THE INFLUENCE IN NEW YORK?
The penalties for driving under the influence of drugs depend on the number of times, if any, you’ve committed this offense before. Said penalties are as follows:
- A misdemeanor conviction
- $500 to $1,000 fine
- Up to 1 year in jail
- 6 months suspension of driving privileges
Second offense in 10 years:
- Class E felony conviction
- $1,000 to $5,000 fine
- 1 to 4 years in jail
- 1 year suspension of driving privileges, if prior was within a 10-year period
- Attendance in a DUI program
Third offense in 10 years:
- Class D felony conviction
- $2,000 to $10,000 fine
- 1 to 7 years in prison
- Permanent revocation of driving privileges, if priors were within a 4-year period
HOW DO AUTHORITIES DETERMINE IF YOU’RE INTOXICATED?
Police officers rely on a combination of observations to determine whether you were intoxicated at the time of the incident, including field sobriety tests, your vital signs, the contents of your vehicle, impaired perception of time and distance, inability to comprehend the legality of certain actions, pulse check, eye exams and chemical testing of blood, saliva or urine samples.
CAN I REFUSE TO SUBMIT TO TESTS?
You can, but be aware that New York is an implied consent state, meaning that if you drive within its jurisdiction, you shall be deemed to have given consent to a chemical test, provided that the administering officer has probable cause. Keep in mind that a refusal to submit to testing can be used against you in court, so long as it’s demonstrated that you were adequately and explicitly warned of the ramifications of said refusal. It will also result in your driver’s license being suspended for 1 year and only restored at the commissioner’s discretion. If you need guidance on your next steps, contact a skilled Nassau County Criminal Defense Attorney today.
CONTACT OUR EXPERIENCED NEW YORK FIRM
Whether you need a Nassau County Criminal Defense Lawyer or traffic ticket attorney, The Law Office of Jacob A. Rudman is here to help. Our firm has significant experience representing clients facing a wide range of criminal charges, including DUIs, drug crimes, domestic violence, assault, juvenile crimes, and more. If you have been issued a traffic ticket, it is important to contact us today. We zealously represent clients facing tickets for speeding, reckless driving, driving without a license, and those caught using a mobile device. Contact us today to schedule your first consultation with our trusted legal team.