Drug-Related DWI (DWAI by Drugs) Charges
New York DWI Defense Attorneys Serving the Tri-State Area
With offices in Manhattan, Garden City, and Huntington, the criminal defense attorneys at Barket Epstein & Kearon, LLP defend clients throughout the tri-state area and in federal courts nationwide. DWI defense is a large part of our practice, led by founding partner Steven Epstein, a nationally-recognized DWI attorney who has an unmatched record of success and extensive experience specifically related to DWI and DWAI charges. With Mr. Epstein and the rest of our seasoned criminal defense team on your side, you can rest assured that your rights will be protected and your best interests aggressively pursued.
Contact our New York DWI defense attorneys today at (888) 779-0267 for a free initial consultation. We serve clients in Nassau and Suffolk Counties, Manhattan, and the surrounding areas.
Understanding DWAI Charges
Most people think of a DWI (Driving While Intoxicated) charge as an alcohol-related offense. However, you can also be charged with DWI if law enforcement has probable cause to suspect you are driving a vehicle under the influence of drugs. In New York, this offense is known as Driving While Ability Impaired (DWAI) by Drugs, and a conviction can carry significant consequences.
If you have been charged with DWAI Drugs (a “drug DUI”) it is important you understand how this charge differs from DWI:
- A DWI is issued when a driver’s blood alcohol concentration (BAC) is 0.08% or higher.
- In contrast, a DWAI Drugs is issued when law enforcement has probable cause to believe your ability to drive as a “prudent and reasonable driver” has been impaired as the result of drugs other than alcohol in your system.
With a DWAI Drugs, law enforcement does not need to prove you have a certain concentration of a drug in your system. Rather, law enforcement can charge you with DWAI Drugs if a chemical test shows you have any amount of an impairing drug in your system.
Additionally, you can be charged with a Combination DWAI if law enforcement has probable cause to believe your ability to drive as a “prudent and reasonable driver” has been impaired as the result of the combined influence of drugs or alcohol. Combination DWAIs can be charged if any amount of drugs and alcohol, or combination of non-alcoholic drugs, is detected in your system.
Defending Against a Drug-Related DWI Charge
Even if the drugs in your system were prescribed to you by a doctor, you can still be charged with DWAI Drugs if law enforcement has probable cause to believe those drugs have impaired your ability to drive.
An arrest after a “failed” blood, urine, or field sobriety test does not mean you are guilty of a drug-related DWI. You have the right to legal counsel to expose errors in testing or violations of your constitutional rights that may render evidence inadmissible and your charges unfounded. Our New York DWI lawyers will meticulously prepare and investigate your case to uncover every small detail that serves in your favor. We have experts in every field and are widely recognized for our significant achievements in criminal law.
A Nationwide Influence
Barket Epstein's attorneys are regularly featured in the media to discuss their recent cases or offer insight on current events.
Over Two Centuries of Combined Experience
Barket Epstein has 13 attorneys who collectively bring over 200 years of experience to each case. Our team is comprised of former judges, former prosecutors, professors and true thought leaders in our fields.
A Comprehensive Team Approach
Given the experience and knowledge we have amongst the attorneys at our firm, we utilize a team approach. Each client benefits from the expertise of several attorneys, not just the one assigned to their case.
Thousands of Cases Handled
Our Criminal Defense team has represented over 1,000 clients with charges ranging from DWI to homicide.
Three Convenient Office Locations
Our firm offers clients three convenient locations in Garden City, Manhattan, and Huntington.