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THE PROBLEMS WITH
"DRIVING WHILE HIGH" CASES
DWAI drugs cases (VTL s. 1192.4) otherwise known as "driving while high" have their own specific challenges...
Most New York DWI lawyers know that DWAI drugs cases can be some of the hardest to defend for a couple of reasons:
1) The Blood Test.
If a police officer suspects that you're driving while under the influence of ANY DRUG that could impair your driving (whether it be prescription drug or recreational), then they will usually request that you have your blood drawn at a hospital.
Unless you refuse the test, the Police and Prosecutor will then have a blood test to use against you during your case. This is a problem because juries LIKE and TRUST blood test results. They put a lot of faith in them so it is critically important to show all the problems with a blood test.
-a blood test will only show the PRESENCE of drugs... it does not measure quantity.
-a blood test cannot confirm WHEN you took the drugs... some stay in your system for a really long time (well past the time they would affect your driving), like marijuana.
-a blood test's results can be SKEWED by both environmental and technician error. Gas chromatography as a science also has inherent error built into the science/technology.
2) A Drug Recognition Examination. ("DRE")
There are certain police officers in every county in New York that are certified as "Drug Recognition Examiners." They take courses that are supposed to help them identify symptoms in people that prove what drug they're on WITHOUT A BLOOD TEST!
How can this be? All the prosecutor has to do is have the police officer testify during your case that he found some symptoms, and based on his "training and experience" is allowed to give an expert opinion in court that you were driving while high on whatever drug he feels like.
Well, in my opinion, it's "junk science", that needs to be fought very, very hard.
There are many ways to cross-examine this particular legal challenge. But most importantly, it must be shown that the police officer can make mistakes and that his findings could be something else...or wrong in general.
In these cases, there is no blood test so the prosecutor's case is based entirely on the officer's opinion. The jury must be shown that the officer can make mistakes ...and you do that by taking apart his/her process --and the so-called science behind it.
Bottom line:
If you are charged with VTL 1192.4 (DWAI Drugs), then you need a lawyer as soon as possible. Every minute matters with these kinds of cases and the sooner you can begin attacking the government's case, the better your chances for having a good outcome.
BY: Attorney Mike Cyr
P: 607-229-5184
Twitter: @ithacadwi
