While most people associate alcohol with DWI, the fact is that a person can be charged with driving while intoxicated because of prescription drugs or any other drug that impairs your driving ability. There are many over-the-counter medications as well as prescription medications that can leave a person dizzy or drowsy or otherwise impaired. Our New York Drug DWI Lawyer staff at Stephen Bilkis & Associates, PLLC states that many people may not realize the risk until they're stopped and charged with DWI or DUI.
If you've been arrested and charged with DUI or DWI, it's easy to assume that the state has all the evidence they need to prove your guilt. However, it's important to remember that the level of drugs in a person's system doesn't always accurately reflect how intoxicated they are. The tests to determine whether a person is intoxicated is only valid if it was administered by a person certified to administer the test. If the police station that administered your drug test didn't have a trained expert, then your New York Criminal lawyer may be able to have the evidence against you thrown out of court.
What is DWI and DUI?Although they carry two separate names, these charges are relatively similar; they simply imply that a person operated a vehicle while under the influence of an intoxicating agent such as drugs or alcohol. A person charged with a DUI/DWI may spend some time in jail and may have to pay fines and may lose their license.
While many people may think that a police officer can only charge them with DUI if they are under the influence of alcohol, they may be surprised to find out that they may be charged from simply taking an over-the-counter drug or a prescription drug. Essentially, anything that impacts the ability to operate a motor vehicle can land a person in trouble with the law. Keep in mind that many types of painkillers and muscle relaxers can have an adverse effect on an ability to drive and a person taking such medications should always have a designated driver, much in the way someone who is out for a night of partying should have.
While a DUI isn't always felony criminal charge it does come with some serious consequences, namely, the loss of a license and the embarrassment of being charged if you are convicted. If you've been stopped and charged with DUI, it's important that you speak to our New York Drug DWI Lawyer as soon as possible. At Stephen Bilkis & Associates, PLLC, our New York Drug Crime Lawyer team will defend you against these charges. Our Criminal lawyers will:
Challenge the legality of the traffic stop. It's important to note that a driver can't be stopped unless the officer has probable cause. This usually means a traffic violation such as an illegal turn or a tail light that's out. If the attorney is successful in this challenge, it usually means that the charges canl be dismissed.
Challenge the legality of breath tests. A police officer may only give a breath test if they have a reason to believe that the driver is operating the vehicle while intoxicated.
Challenge of blood evidence. An experienced Criminal Defense attorney will be able to demand that the proper documentation and notices be presented when it comes to blood analysis evidence..
If you or a loved one has been charged with a DUI/DWI or another drug arrest related charge, it's important that you consult with our experienced New York Drug DWI Lawyer staff immediately.
Please call Stephen Bilkis & Associates, PLLC at 800.696.9529 to schedule a no-cost consultation. You may also contact one of our New York City offices serving Manhattan, Staten Island, Queens, the Bronx or Brooklyn, or in Westchester County or one of our Long Island offices in Nassau County or Suffolk County.