Contact a local lawyer now for a FREE consultation!  

(800)384-5297

The breathalyzer has become the most well-known tool in the fight against drunk driving. But what about drugged driving? No single device has yet been created to test a person for all of the drugs that might impair a driver. Some field tests of saliva have been developed that test for marijuana, cocaine, and other drugs. But even if drugs are detected in a person’s system, the laws of many states do not currently have established standards for what constitutes “drugged driving.”

The standard for drunk driving is well-established across the country. All 50 states currently follow the .08 standard for drunk driving. If the person’s blood alcohol concentration is .08 or higher, the person is legally intoxicated and would be in violation of the law if he or she drove a car. New York goes even further, creating a lesser charge for DWAI (Driving While Ability Impaired) for .05 to .07 blood alcohol concentration. Even lower blood alcohol levels apply for drivers of commercial vehicles and drivers under age 21.

But while a person may be charged with DWI or DWAI on the basis of a breathalyzer test, no such standard exists for what level of concentration is unacceptable for drugs. This is true of all types of drugs ? over-the-counter, prescription or illegal.

Fifteen states have “per se” laws, which mean that any detectable level of an illegal drug while driving is, by definition, a violation. Although that may sound like a good standard, it doesn’t take into account the fact that a driver may still have trace elements of a drug in his or her system long after the actual effects of the drug have worn off. It also doesn’t take into account prescription drugs, such as benzodiazepines (Valium, Xanax) or opiate analgesics (morphine, codeine), all of which could affect a driver’s abilities, even though legal.

New York’s approach to drugged driving takes a broader approach, relying on a standard of whether the consumption of any sort of drugs impaired the driver’s ability to operate the vehicle. Because this is not a simple yes-or-no test, it’s important for anyone facing a charge of Driving While Impaired by a Drug (“DWAI-Drug”) to have an experienced attorney to help navigate the process and protect the driver’s legal rights.

Originally published here.

---

Leon J. Greenspan

---

Klug’s sentence deferred
Teller County Deputy Kendall Klug received a deferred sentence of one year in Park County District Court this month. Arrested in Park County Dec. 19, 2010, Klug was charged with driving a vehicle while impaired by alcohol, prohibited use of a weapon, failing to maintain a single lane (weaving) and driving a vehicle with a defective license plate light.

Published Feb 26, 2011.
Read more: Pikes Peak Courier View

www.ithacadwi.com The Chemical Test Refusal DWI Case is unique for a number of reasons. First the positives of the refusal case 1. The prosecutor can only charge VTL 1192 (3), “Common Law” DWI. 2. The prosecutor usually only has one main witness, the arresting officer. 3. The prosecutor must prove that “you were mentally and physically incapable ( to a substantial extent) of operating an automobile as a reasonably prudent driver.” 4. They must prove this legal burden of “intoxication” beyond a reasonable doubt based upon the police officer’s observations, and field testing, if any. 5. The DWI defense lawyer can cross examine the police officer at the DMV administrative hearing without the presence of the prosecutor. Second, the two main negatives of the refusal case: 1. You will have NO license of any type (conditional or hardship) while your criminal case is pending. NOTE: unless you win at the administrative refusal hearing (unlikely) or the officer does not show for the hearing and it is re-scheduled. 2. The jury will get an instruction from the Judge that they may infer a Consciousness of Guilt from your choice to not take the chemical test. Talk with Criminal Defense Lawyer before you go to Court or your refusal hearing. To learn more about how DWI cases work in the state of New York, I encourage you to explore my educational website www.ithacadwi.com. If you have legal questions, I urge you to pick up the phone and call me since I can answer your legal questions at …