Every year, drunk or high drivers kill thousands of people on American roads. According to Mothers Against Drunk Driving, more than 9.9 million drivers admit to being high behind the wheel.
Driving while ability impaired on drugs (DWAI – Drugs) is a serious offense. If you are facing this charge in New York, it is critical that you take immediate steps to protect your interests.
Darren DeUrso, Attorney at Law is a DWI lawyer in White Plains who can evaluate your arrest, gather evidence and structure your defense. He will aggressively fight for a positive outcome to your case. Even if you failed blood, breath or urine tests, there may be a defense that works in your favor.
Call 914-772-8614 to schedule a consultation. You can also visit http://dui-lawyers.usattorneys.com/new-york to learn more about DWI and related laws in New York.
Here is the truth behind three common drugged driving myths:
Myth 1: Hospitals automatically test blood after a crash.
Many people believe that it is mandatory for hospitals to perform blood tests on car crash victims. Although advocacy groups are fighting for this to become compulsory, budget restraints force health-care facilities to limit blood testing.
Doctors do test blood for treatment purposes, but if police require a blood sample, they must have a warrant to get it. Otherwise, the hospital must dispose of all blood within 24 hours.
Myth 2: Blood screenings test for all types of drugs.
Drug tests are both expensive and complicated. Hospitals rarely run tests for all drugs during the screening process.
Most blood tests focus on a limited range of drugs including marijuana, LSD, amphetamine and cocaine. Even if you fail this test, your criminal attorney can challenge the results in court. Screening tests are not confirmatory because they sometimes produce false-positives.
Myth 3: If drugs are in your system, you are automatically guilty.
Just because there are drugs in someone’s blood does not mean that he or she is guilty of drugged driving. According to the U.S. National Library of Medicine, alcohol leaves the body significantly quicker than drugs, which can linger in the blood for several days, weeks or even months. Furthermore, assessing impairment is difficult with drugs because it must correlate with dosing levels.
To win a conviction, the prosecuting authority has the burden of proving your impairment at the time of arrest. He or she can reference blood tests and medical documents, but this is rarely enough evidence to prove guilt beyond a reasonable doubt. The drugs could still be in your system from weeks before.
If New York police charged you with DWAI – Drugs, contact Darren DeUrso, Attorney at Law. As a White Plains criminal attorney, Mr. DeUrso can develop a defense that may convince the court to drop or reduce your charges. He gives each case the individual attention that it deserves. Call 914-772-8614 to schedule a consultation.