According to News 12 Westchester, a White Plains man is facing charges for driving under the influence after he drove his SUV into a backyard pond. The man was driving a red Ford Excursion when he lost control of the vehicle and ended up careening into a small pond behind someone’s home.
The homeowner told News 12 that after the alarm on her driveway sounded, she saw the man driving across her lawn before plunging into the pond, which is more than 1,000 yards from the road. Police who arrived at the scene claim that the 49-year-old motorist was not in his vehicle when they showed up and was allegedly incoherent.
Based on the circumstances of the collision and the man’s state following the accident, officers believe he was driving under the influence of drugs. Police arrested the motorist and took him to the hospital for evaluation. He is now facing charges for driving while ability impaired by drugs.
If you are facing DUI charges in New York and you are not sure where to turn, contact Darren DeUrso, Attorney at Law. Call 914-772-8614 to schedule a consultation with a White Plains DUI attorney.
What Are the Penalties for Driving While Ability Impaired by Drugs?
The penalties for driving while ability impaired by drugs can be severe, especially if it is not your first offense. In the state of New York, individuals who do not already have a criminal record and are facing charges for DWAI-Drugs can expect to receive a fine of between $500 and $1,000. They may also have to serve up to one year in jail and face a license suspension of at least six months.
A second DWAI-Drug violation within a 10-year period is considered a class E felony and carries with it even harsher penalties, which include:
- A fine of between $1,000 and $5,000;
- A maximum prison term of four years; and
- A license revocation of at least one year.
Individuals who have two prior DWAI-Drug convictions on their record and commit a third violation within a decade face penalties for a class D felony, which include:
- A fine of between $2,000 and $10,000;
- A maximum prison term of seven years; and
- A license revocation of at least one year.
Driving under the influence of both drugs and alcohol, or DWAI-Combination, carries with it the same potential penalties.
Can a Breathalyzer Device Detect Drugs?
According to the Centers for Disease Control and Prevention, drugs are involved in approximately 16 percent of motor vehicle collisions; however, breathalyzer devices can only detect alcohol. That means if you are facing charges for driving while ability impaired by drugs, the prosecutor may not necessarily have any substantial or tangible evidence against you.
You will still need to devise a defense against what little evidence they do have, though, and you can do so with the help of Darren DeUrso, Attorney at Law. Mr. DeUrso will investigate your arrest and structure a defense based on the unique facts of your case.
Call 914-772-8614 to schedule a consultation with a criminal defense lawyer in White Plains. You can learn more about fighting DUI charges in New York by visiting the USAttorneys website.