New York, NY - The Kugel Law Firm (https://thekugellawfirm.com/vehicle-and-traffic-law-1192_4-driving-while-ability-impaired-by-drugs/) and New York DWI lawyer Rachel Kugel are highlighting comprehensive defense services for allegations under New York Vehicle and Traffic Law Section 1192.4, commonly known as Driving While Ability Impaired by Drugs (DWAI-Drugs). The firm is addressing the growing need for rigorous case evaluations involving drug recognition evidence, toxicology findings, and the circumstances of traffic stops, with the goal of safeguarding licenses, liberty, and long-term records for individuals charged under this statute.
Under VTL Section 1192.4, prosecutors must prove operation of a motor vehicle and impairment by a drug listed in Public Health Law Section 3306. That schedule includes opioids such as oxycodone and hydrocodone, hallucinogens like LSD and MDMA, cannabis and THC, depressants including barbiturates, and stimulants such as cocaine and amphetamines. The statute requires proof that drug use actually impaired, to any extent, the physical and mental abilities needed to drive as a reasonable and prudent operator. New York DWI lawyer Rachel Kugel and the firm advise that the related offense, VTL Section 1192.4-a (DWAI-Combination), covers impairment by alcohol with one or more drugs, or by multiple drugs, and carries parallel penalties.
Drug testing in impaired-driving investigations may involve blood, urine, or oral-fluid collection following a lawful arrest under VTL Section 1194. Refusals can trigger immediate suspension at arraignment and a mandatory revocation of at least one year, along with DMV civil penalties. New York DWI lawyer Rachel Kugel emphasizes that toxicology evidence is not automatic proof of impairment. Chain-of-custody issues, delays, analytical uncertainty, and limitations in correlating concentration to impairment are common areas for legal challenge. Defense strategies may also address probable cause for the stop, the administration and interpretation of field sobriety tests, the methodology of drug recognition evaluations, and the relevance of prescribed medications taken as directed.
Convictions for DWAI-Drugs carry significant consequences. A first offense, a misdemeanor, can result in fines of $500 to $1,000, up to one year in jail, and a license revocation of at least six months. A second offense within ten years is a Class E felony with fines of $1,000 to $5,000, up to four years’ imprisonment, and a minimum one-year revocation. A third offense within ten years is a Class D felony with fines of $2,000 to $10,000, up to seven years’ imprisonment, and a minimum one-year revocation. Additional outcomes may include DMV assessments, higher insurance premiums, and collateral consequences. While New York does not generally expunge convictions, certain DWAI-Drugs convictions may be eligible for sealing by application under CPL Section 160.59 or automatic sealing under the Clean Slate Act after statutory waiting periods, subject to exclusions.
About The Kugel Law Firm:
The Kugel Law Firm is a criminal defense and DWI defense practice serving clients across New York City and surrounding communities. The team handles DWAI-Drugs, DWAI-Combination, alcohol-related DWI, refusal hearings, and related DMV and court proceedings. Additional services include defense of traffic and misdemeanor matters connected to impaired-driving investigations. For consultations or case evaluations, contact The Kugel Law Firm at (212) 372-7218 or visit the firm’s website to schedule a confidential appointment.
Email: admin@thekugellawfirm.com
Media Contact
Name
The Kugel Law Firm
Contact name
Rachel Kugel
Contact phone
(212) 372-7218
Contact address
111 E 125th St 2nd Fl
City
New York
State
NY
Zip
10035
Country
United States
Url
https://thekugellawfirm.com/new-york-dwi-lawyer/
