Driving High in New York? Here’s What the Law Says

If you plan to smoke pot, or eat it in edible form and operate a motor vehicle there are some things you should be aware of.

If you get stopped and are believed to be under the influence, you (will) likely face a field sobriety test. Then, a more definitive test to determine what substances are in your system. If you refuse, you're still most likely going to get charged with DWAI, driving while ability impaired.

Also, refusing a blood test will result in a hearing before the Department of Motor Vehicles. At that hearing, all (police) need to do is show they had a reason to stop you, a reason to feel you were impaired, and that they read you a refusal warning. Even if you beat the DWAI or DWI charge in court, refusing to let an officer take a sample for testing will result in license suspension. It's part of New York's implied consent law. Basically, if you're driving on a road in New York State, you've already agreed that if requested to do so, you will submit a sample or you will lose your license. 

The Difference Between DWI and DWAI 

Most of us have heard of DWI - Driving While Intoxicated. There is also DWAI - Driving While Ability Impaired. There are actually three DWAI related offenses: DWAI - Alcohol, DWAI - Drugs, and DWAI - a combination of drugs and alcohol.

DWAI - Alcohol carries the least harsh penalty of the three for a first-time offender. A conviction would result in a mandatory $300-$500 fine, up to 15 days in jail and a 90 day-license suspension, according to the NYS DMV. 

If convicted of DWAI - Drugs, or the Drug/Alcohol combination, the mandatory penalty for a first-time offender is $500-$1,000 fine, up to a year in jail, and license revoked for one year. 

Get convicted of DWAI - Drugs three times and your jail sentence could be as many as 7 years behind bars, plus up to a $10,000 fine. 

By law in New York, DWAI can be issued for operating a motor vehicle with any degree of impairment. In other words, you should NOT be impaired at all behind the wheel.

Also, Important to Know: 

Say you're driving home a bit impaired and another driver runs a read light and causes a serious accident. It wasn't your fault, but you're a little impaired by a substance. 

Expect to face serious consequences for being impaired behind the wheel, and being involved in a serious accident. New York State Police policy is to deploy a Drug Recognition Expert to any fatal or serious personal injury accident. And Troopers will test all drivers involved in the accident.

Bottom line, it’s not ok to toke and drive, under any circumstances.

Selected excerpt(s) courtesy of Jeff Monaski of WIBX950AM
Royalty Free Photo courtesy of Unsplash