If you live in Nassau County, Long Island – or anywhere in the state of New York for that matter – you are probably aware of the rather arbitrary manner in which police often conducts DWID arrests.
DWAI (Drivind While Ability Impaired) is a term that refers to driving under the influence of any ability-impairing drug other than alcohol. Be it marijuana, prescription drugs or a Schedule 1 substance, the law applied is the same.
This also means that there is no objective method of testing for DWAI. If DUI law requires the presence of a (more or less reliable) .08 Breathalyzer test result as evidence of alcohol consumption, there is understandably no single way to determine the presence of drugs in general – and certainly not to do so on the spot.
Therefore, the possibility of getting arrested on a DWAI charge for no reason at all is real, and it’s not something that happens rarely on Long Island.
Defense against a DWAI charge
Since a police officer’s sole suspicion, based on arbitrary observation, is enough to make an arrest, there’s also a much greater chance of the accused making a successful defense.
If you find yourself in this situation, a DUI/DWAI-specialized Nassau lawyer could prove that you took the drug unknowingly, or that you accidentally took a much larger dose of a medical prescription drug, in order to clear your charge.
These types of charges are often unfounded, and easy to disprove.
Interested in an specialized Nassau lawyer? visit: www.nassaudefense.com