Law Offices of Daniel A. Hochheiser Articles Medical Marijuana and DWI in New York City

Medical Marijuana and DWI in New York City

By Hochheiser & Hochheiser LLP  Mar. 26, 2012 1:15p

New York is one of the 18 states currently reviewing legislation to legalize marijuana for medical use. This brings up a point that states that already allowing medical marijuana use have been contending with: How does law enforcement determine how much marijuana use is illegal when it comes to driving while intoxicated (DWI) or driving while ability impaired (DWAI)? Currently, there is no “legal limit” for how much pot one can have in their system while operating a vehicle. If legislation is approved in the state, police and other law enforcement officials may run into difficulties when it comes to determining whether or not to take someone into custody. Were you taken into custody under a driving while ability impaired charge? Talk to a New York City drug crime attorney right away.

Authorities and researchers are hoping to develop a set of criteria and more immediate sobriety testing devices when it comes to medical marijuana users that drive. There is no limit or portable test currently that is analogous to the 0.08% BAC threshold or breathalyzer machines. Statistics show that the drug can remain in the system some time after its effects have worn off which adds additional complications. Regardless of whether or not an individual is legally allowed to use marijuana for medicinal purposes, if their use of that or any drug or alcohol impairs their ability to drive, he or she can be arrested and charged for DWAI.

New York City DWAI Attorney

As it stands, marijuana use for any purpose is illegal in the state so if you have been charged with driving under the influence then you need to get the help of a New York City DWI lawyer immediately. NYPD is quick to arrest anyone that appears to be driving while under the influence of a drug whether that drug is marijuana, cocaine, heroin, ecstasy, methamphetamines or other narcotic. This includes cases involving alleged impairment due to the use of prescription drugs whether legally obtained or not.

At the law offices of Hochheiser & Hochheiser LLP, we understand how frightening it can be to be charged with a drug crime and we do everything possible on our client’s behalf to get a positive outcome to their case. We have successfully defended clients against charges including those for possession, possession with intent to distribute, cultivation, trafficking, sales and more.

Contact a New York City DWAI lawyer at our firm by scheduling an initial consultation today!

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