Facing charges related to driving while intoxicated (DWI) or driving under the influence (DUI) can be an overwhelming experience, especially when drugs are involved. If you find yourself in a situation where both a DWI/DUI charge and drug possession charges are being brought against you, it’s normal to feel confused, worried, and unsure about what to do next. These charges are serious, and navigating the legal process can feel daunting. At our law firm, we understand the complexity and the emotional toll that such cases can have. Our goal is to help you through this difficult time and work towards achieving the best possible outcome for your case. We are here to provide the legal support you need and to ensure that you have the guidance necessary to move forward.
Robert Friedman
Michael Ranzenhofer
Sam Alba
Justin Friedman
John Dracup
What Is DWI/DUI and How Does It Relate to Drug Possession?
In New York, driving while intoxicated (DWI) and driving under the influence (DUI) are both criminal offenses that involve operating a vehicle while impaired by substances such as alcohol or drugs. DWI generally refers to alcohol-related impairment, while DUI can also include impairment due to drugs. In Buffalo, as in other parts of New York, law enforcement officers are trained to detect signs of intoxication, both alcohol-related and drug-related, when pulling over a driver.
When drugs are involved, whether prescription drugs, illegal substances, or even over-the-counter medications, the situation can quickly become more complicated. If a driver is found to be under the influence of drugs while driving, they can face both DUI charges as well as separate drug possession charges. It is essential to understand that a person can be charged with DUI and drug possession at the same time, as the two offenses often go hand-in-hand in cases where drugs are found in the driver’s possession.
Drug possession charges can vary widely in severity depending on the type and amount of the substance involved. For example, possession of a controlled substance like marijuana may carry different penalties than possession of harder drugs like heroin or cocaine. The link between DWI/DUI and drug possession charges becomes clear when law enforcement finds that a driver is not only impaired but also in possession of drugs while behind the wheel.
The Legal Implications of a DWI/DUI and Drug Possession Charge
When you face both a DWI/DUI charge and a drug possession charge, the legal implications can be far-reaching. New York law treats these offenses seriously, and each can result in significant penalties. The consequences of a DWI or DUI conviction can include license
suspension, hefty fines, mandatory alcohol or drug education programs, and even jail time, depending on the circumstances and whether you have previous offenses on your record.
Adding drug possession charges into the mix complicates matters further. Possessing illegal drugs while driving increases the penalties you might face. For instance, the penalties for drug possession depend on the type and quantity of the substance you are charged with possessing. In some cases, possessing even a small amount of illegal drugs can lead to criminal charges and additional penalties such as probation, community service, or imprisonment.
Furthermore, if drugs were found in your vehicle during a routine traffic stop or as part of a DWI/DUI investigation, the case becomes even more complicated. Law enforcement may argue that your possession of drugs was a factor in your impaired driving. This connection can increase the severity of the charges and may lead to harsher sentences if convicted.
How Evidence Is Used in DWI/DUI and Drug Possession Cases
Both DWI/DUI and drug possession cases rely heavily on evidence, and the prosecution will use any evidence collected during the arrest to strengthen its case. In the case of DWI/DUI, this might include breathalyzer test results, field sobriety tests, or even blood tests that show the presence of drugs or alcohol in your system. When drugs are involved, however, the evidence can become more complex. Law enforcement officers might search your vehicle for drugs if they suspect you are in possession of illegal substances. If drugs are found, they will typically be sent to a laboratory for testing to confirm their identity and quantity.
In a DUI case involving drugs, the prosecution may also present expert testimony regarding how the drugs affected your ability to drive. This could include the use of toxicology reports or testimony from a drug recognition expert. The presence of drugs in your system, combined with evidence from the arrest, can make it more difficult to challenge the charges against you. However, it’s important to remember that you have legal rights and options for challenging the evidence against you. An experienced attorney can help you examine the evidence and determine whether it was lawfully obtained and whether there are grounds to dispute its validity.
Defenses to DWI/DUI and Drug Possession Charges
When facing both DWI/DUI and drug possession charges, a strong legal defense is essential. While there are no guarantees in any legal case, there are several common defense strategies that could potentially be used to reduce or dismiss the charges against you. One potential defense is to challenge the legality of the traffic stop itself. If law enforcement officers did not have a valid reason for stopping your vehicle, any evidence they gathered may be inadmissible in court. Additionally, if the officer did not have probable cause to search your vehicle, any drugs found during the search may be excluded from the case.
Another potential defense is to challenge the accuracy of the chemical tests used to determine your blood alcohol content or the presence of drugs. If the breathalyzer or blood test was not administered properly or if there was a malfunction in the equipment, the test results may be invalid. Similarly, if drugs were found in your vehicle, your attorney may argue that the drugs did not belong to you or that they were not legally in your possession.
In some cases, the prosecution may have trouble proving that you were impaired by drugs or alcohol at the time of driving. An experienced attorney can look for inconsistencies or weaknesses in the evidence to help you build a defense.
What You Should Do Next
If you are facing charges for DWI/DUI and drug possession in Buffalo, it’s crucial to take immediate action. The sooner you get legal help, the better your chances of achieving a favorable outcome. Don’t try to navigate the complex legal system alone. An experienced attorney can provide you with the guidance you need, protect your rights, and help you understand the legal process.
At our firm, we are dedicated to helping individuals facing both DWI/DUI and drug possession charges. We understand how overwhelming this situation can be, and we are here to help you explore all available options for defense. Whether through negotiation, challenging the evidence, or taking the case to trial, we will work tirelessly to seek the best possible outcome for you.
If you have been arrested or charged with a DWI/DUI and drug possession offense in Buffalo, don’t wait to get the legal help you need. Contact us today to schedule a consultation. We are ready to fight for your rights and help you secure the best result for your case.