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Drug DWI Charges For Prescription Medication

DWI Charges for Prescription Medication

Law enforcement can issue DWI charges for prescription medication if it impairs your ability to drive. These cases are increasingly common, highlighting the need for drivers to understand how prescription medications can lead to driving offenses, even when taken as directed.

An arrest for these offenses doesn’t require the use or presence of illicit drugs. Such charges can arise from legally prescribed medication from your doctor or another healthcare provider.

Should you ever be on prescription medication during a police traffic stop, it is advisable to refrain from mentioning it and say as little as possible.

During a traffic stop, you must show your driver’s license, registration, and insurance. However, you don’t have to answer any questions. Police often ask where you’re coming from, but you aren’t obligated to respond.

Many don’t realize that DWI charges for prescription medication can turn answers into evidence. If you take prescription drugs, especially with alcohol, even minor responses during a traffic stop may work against you in court.

As understandable as it is to want to cooperate with police, answering any questions or giving information about your medication could lead you to a more complicated situation, and result in your arrest.

Will I Go To Jail If I’m Arrested A Second Time For Driving While Intoxicated Or Driving Under The Influence?

Whether or not you go to jail for a second DWI or DUI offense depends on so many aspects and considerations that surround the individual facts and circumstances of your case.

For a second offense where someone is seriously injured or killed, the likelihood of incarceration rises significantly. However, various factors impact the case, such as the county of arrest, the prosecuting district attorney’s office, and the presiding judge. The expertise of your attorney, particularly their area of specialization, also plays an important role.

If a child under 16 is present during your arrest, and this is a second felony offense, it can heavily influence the judge’s or prosecutor’s stance. Your criminal history and prior substance use will also impact sentencing considerations in this case.

So there are so many considerations that affect whether or not you will go to jail if you are arrested for a second time for a DWI or other “Driving While . . .” charge.

Do I Have To Proactively Inform The State Office Of Professions Or State Licensing Board If I’m Arrested For Driving While Intoxicated Or Driving Under The Influence?  Can Your Firm Help Me?

In New York State, physicians, nurses, and other licensed professionals don’t always have to report DUI or DWI arrests. However, they may need to inform the state Office of Professions or their licensing board if required by law. Whatever your situation, Inniss Firm PLLC is here to assist you. Our firm focuses on DWI defense and what we refer to as “Driving While . . .” defense, as a specialty. In fact, these “Driving While . . . “ cases make up 97% of all the matters we handle.

If law enforcement arrests you for DWI or impaired driving and fingerprints you, the NYS Office of Professions may receive notification. This happens automatically, regardless of your actions. If your job requires a professional license, your employer might also learn about your arrest.

Upon your next license renewal, you might need to disclose details of your “Driving While…” case. This depends on whether a criminal conviction occurred.

Often, if your original DWI charge is reduced from a misdemeanor to a traffic infraction, there is no obligation to make a report or notification. The particular facts and circumstances of each case and the outcome of those cases is what dictates this obligation. Contact the Innis Firm, PLLC for expert guidance on how to navigate the impact of your DWI arrest on your state professional license.

For more information on DUI Law In New York, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (845) 533-0265 today.

Randall Inniss, Esq.

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(845) 533-0265

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