I posted something on our
Facebook page (www.facebook.com/CatalanoCarpenterLLP)
commenting on how driving while impaired by drugs (specifically, the sleep-aid
Ambien) is a crime in New York State. Afterwards, it occurred to me tho that
most people may have no idea what “drugs” can get you into trouble with the
law. Obviously, bombing up and down the Taconic State Parkway after a bump of
cocaine is a “no-no” no-brainer. But what about prescription meds? Does the law
really tell you that you can’t drive yourself to work after taking your
required and perhaps even life-saving PRESCRIBED medication?
Yes! As a matter of fact, it tells you exactly
that!
If your medication is
included in any one of the five schedules of controlled substances contained in
NYS Public Health Law Section 3306, it is illegal to drive while that substance
is in your system. You might be thinking that FIVE different schedules of
substances sounds like a lot…and you’d be right! It IS a lot! There are a lot
of prescribed medications on that list that most people don’t realize can jam
them up. And I’ve had plenty of clients come to me after an arrest for NYS VTL
1192.4 (driving while ability impaired by drugs) totally confused as to how
they could have been arrested when they had the legal prescription
bottle right next to them in the car! Think about it tho: it’s not illegal to
drink alcohol either! But if you’re impaired because of the alcohol you drank,
it’s a crime to drive.
Ok, so practically
speaking, your heart medication probably isn’t going to get you arrested
(unless it impairs you somehow AND contains a scheduled narcotic). Generally
police officers and other arresting agencies are mostly concerned with (i.e.,
trained to look for symptoms related to) certain categories of controlled
substances. Those categories are 1) Central nervous system depressants
(e.g., alcohol, valium); 2) Central nervous system stimulants (e.g., cocaine,
amphetamines); 3) Hallucinogens (LSD); 4) Disassociative anesthetics (e.g.,
PCP); 5) Narcotic analgesics (e.g., heroin, morphine, codeine); 6) Inhalants
(e.g., gasoline, glue, nitrous); and 7) Cannabis. If you’re driving with
anything in your system that falls into one of those categories, you’re
breaking the law.
Most of the examples I
included are pretty apparent. But, as I mentioned at the top of this article,
when it comes to the NYS Vehicle and Traffic Law, there’s no real difference
between that illegal cocaine and that Ambien pill prescribed by your lifelong
licensed family physician. If you’re impaired, you’re probably getting arrested.
Long story short, know
your meds, and know which ones are included in ANY of the five schedules of
controlled substances. Most of the substances are not identified in the
schedules specifically by a pharmaceutical identifier, but rather by the
generic name; Ambien, for example is included in Schedule IV as Zolpidem.
So if you don’t know, ask your doctor. Don’t drive drugged.
DWAI-Drugs is a serious
offense and can result in penalties different an/or in addition to an
alcohol-related DWI. If you have been charged with DWI, DWAI-Drugs or any
other alcohol related driving offense, call the experienced DWI defense
attorneys at Catalano &
Carpenter LLP today to
schedule a free consultation, at (845)
454-1919, or visit us online at www.CatalanoCarpenter.com.
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