Articles Posted in DWI Law

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Recently, a prosecutor revealed that a loophole in New York law made it challenging to charge a driver who was under the influence of fentanyl and cocaine when he killed four members of a family, a father—a U.S. Marine veteran—and his three children, ages 10, 13, and 6, last year.

The family had gone out for ice cream and were stopped at a red light when driver Michael DeAngelo, who was high, plowed into it. Two older children were killed on impact, as was the 60-year-old father. The youngest child was critically injured and passed away in the hospital days later.

Under the New York State Vehicle and Traffic Law 1192(4), it is a crime to operate a motor vehicle while impaired by drugs. However, New York law provides that prosecutors can only charge a driver who has been impaired by drugs if the drug is specified on the list of drugs enumerated by lawmakers. Judges require that the drug must be named prior to arrest. This loophole doesn’t exist in 46 other states; critics of the New York law believe it allows dangerous drivers to stay on the road and continue to put others at risk.

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If you have been charged with driving under the influence, you need to reach out to a seasoned New York DWI attorney who understands this area of law. At the Law Offices of Mark A. Siesel, we can examine the facts of your case and make sure that none of your rights were violated when you were stopped or arrested. With 31 years of experience, we are dedicated to providing strong, effective, and experienced advocacy throughout the entire legal process.

In New York, the basic offense of driving while intoxicated (DWI) consists of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 percent or higher. In other words, someone with a BAC of 0.08 percent or more is legally considered drunk or intoxicated. DWI is not the only alcohol-related charge that New York drivers potentially face. Drivers could also face a charge of driving while ability impaired (DWAI), which is charged when a person’s BAC is between 0.05 percent and 0.07 percent, a lower threshold than a DWI.

When a person operates a motor vehicle under the influence of drugs, that person can be charged with a DWAID – driving while ability impaired by drugs. This charge is specifically for impairment by a controlled substance, regardless of whether those drugs were legal, illegal, or prescription. However, the particular impairing drug must be listed as a controlled substance under the New York State Public Health Law. Thus, impairment by some drugs may not form the basis of a DWAID charge.

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