It is difficult for police officers to detect if you are under the influence of drugs unless they pull you over and there is evidence of drugs in the vehicle. A very important nuanced point to remember is to never ever consent to allowing the police to search your vehicle.
Whenever the police pull you over, they are standing over you in each of your windows. Understandably, you might be scared because you have not been in this kind of position before. The officers might even raise their voices, so you might be intimidated and just give into whatever the officer asks you to do. If you find yourself in such a situation, it is crucial to consult with a qualified attorney before making any decisions. At Lebedin Kofman LLP, our Manhattan DWI lawyers who have experience in achieving successful outcomes in DWI cases can assist you in navigating the legal process and protecting your rights.
Call Lebedin Kofman LLP today at (646) 663-4430 or contact us online to learn more about our DWI attorneys and how we can assist you.
Remember Your First Amendment Rights
You are generally not arrested unless you admit something to the police officer because the officer has to see that you are impaired or intoxicated before they ask you to get out of the car. The first thing they will do is ask what you have taken, what you smoked, and what you drank.
Fifty percent of the battle is telling the officer that you do not drink, smoke, or take drugs. Although, if you say that but still appear impaired, then the officer will pull you out of the car and, if you pass the Alco-Sensor, they might take you in under suspicion of being on narcotics.
What Does DWAI Mean?
Operating a vehicle with drugs in your system can lead to being charged with Driving While Ability Impaired by Drugs (DWAI by Drugs) under New York Vehicle and Traffic Law § 1192(4). This law forbids anyone from driving a vehicle when their ability to do so is compromised by drug usage. “Drug”, in this context, is defined as any substance included in Public Health Law § 3306, which encompasses:
- Opiates and derivatives of opium
- Hallucinogenic substances
- Marijuana and THC
- Depressants, such as barbiturates
- Stimulants like cocaine and amphetamines
- Synthetic drugs
In order to secure a conviction, the prosecution has to establish:
- The intentional consumption of a drug
- That the consumed drug is one among those prohibited under the law
- That a motor vehicle was being operated while the defendant was under the influence
- That the defendant’s ability to drive was hindered by the drug ingested
When you’re suspected of DWAI by Drugs, a police officer will carefully observe your behavior and appearance. They may take note of aspects such as impaired or accelerated speech, coordination problems, eyes that are glassy, red or watery, pupil size (either dilated or constricted), involuntary physical movements, and attention deficit, among others. This list, however, isn’t comprehensive, as there are myriad other indicators suggesting potential drug-induced impairment of your driving ability.
If you have been charged with DWAI by Drugs, it is crucial to seek the assistance of a skilled Manhattan DWI lawyer who can navigate the complex legal process and advocate for your defense. Contact Lebedin Kofman LLP today to schedule a consultation.
You Do Not Need to Consent to Being Searched
It is very important for you to know your rights. You have a right to not be searched without a warrant, and you should never consent to allowing the police to search your vehicle.
This would almost sound counterintuitive, but people do get pulled over all the time and, even though they know they have evidence of drugs or drugs themselves, they still consent to allowing the police officer to search the car. Although it is baffling, this happens every single day.
You should always remember to never allow this to happen. It would be the same thing as making a confession.
| Things To Do When Pulled Over by a Police | Details |
|---|---|
| Remember Your First Amendment Rights | Remember that you have the right to remain silent and not answer any questions beyond providing basic identification information. You are not obligated to admit to any illegal activities or disclose information that may incriminate you. Consult with an attorney before answering any further questions. |
| You Do Not Need to Consent to Being Searched | It is important to know that you have the right to refuse a search of your vehicle without a warrant. Never consent to a search, even if you believe you have evidence of drugs or drugs themselves. Consenting to a search may harm your legal position, similar to making a confession. Assert your right to not be searched without a warrant. |
It Is Illegal to Smoke Marijuana While Driving
With drug cases, people usually get pulled over because they are smoking marijuana in the vehicle. This is actually something we see all the time because people tend to think that driving along the highway and smoking marijuana is a good idea; but when they get pulled over, they are essentially holding a smoking gun.
You could throw the joint out the window, but the car will still stink like marijuana. There may be smoke coming out of the car and you may have bloodshot, watery eyes. There might even be a residue of marijuana either in the car or all over your shirt.
The police officer will ask if you had been smoking marijuana, and then most likely you would say yes, you had smoked a couple of hours ago or whenever it was. You might even be under the influence of some other drugs or prescription drugs.
Understanding Leandra’s Law in New York
Leandra’s Law charges a person for committing the crime of DWI, DWAI Drugs, or DWAI Combined Influence and committing this crime while having a passenger who is 15 years old or under.
This charge can be considered a felony even if it is the defendant’s first offense. There are many possible sentences for violating this law and they can vary depending on the circumstances of the case. Penalties for this crime could include a mandatory installation of an ignition interlock device; a minimum of 1-year license revocation; a $1,000 to $10,000 fine; a court-mandated surcharge; up to 7 years in State Prison and/or a 5-year term on probation. The driver could spend 15-25 years in prison if a child passenger is injured or killed by the driver’s intoxication or impairment from drugs.
In NY, the Child Passenger Protection Act (also known as Leandra’s Law) was passed in 2009 to discourage drivers from driving drunk with children passengers. Anyone caught driving drunk in New York with a child passenger in a car is subject to severe penalties.
If you are facing charges of DWI under Leandra’s Law, it is important to not plead guilty right away. Seeking the help of an experienced attorney when facing these charges may be able to help you defend your right and protect your freedom.
Our Manhattan criminal attorneys can help you. As your representative, we will fight for a reduction or dismissal of your charges. Contact us at (646) 663-4430 to schedule your free consultation.
