Deadly Driving Bill Would Make it Easier for New York to Prosecute Allegedly Drug-Impaired Motorists
Traditionally, enforcement of impaired-driving laws hinged on the result of breathalyzer tests or other methods of determining a motorist’s blood-alcohol concentration (BAC). Though these tests are not perfect and can be tainted by poor administration or the sloppy handling of samples, they provide a measurable reading of whether a driver exceeded the applicable level of intoxication. However, discerning drug impairment can be much more complicated.
Currently, to bring a charge for Driving While Intoxicated by Drugs or Driving While Impaired by Drugs, law enforcement must identify the specific controlled substance affecting the motorist’s ability to operate their vehicle safely. Furthermore, the particular drug must be included on a list of dangerous controlled substances maintained by the state. Consequently, if a driver either refuses to disclose the drug they have taken or declines to undergo a toxicology test, law enforcement can have a very difficult time determining what substance, if any, a motorist ingested. Such drivers cannot be charged or required to undergo treatment until after an accident occurs.
Now, a bill under consideration in the Assembly would remove the requirement for police to specify the exact drug involved in order to bring a charge. Instead, the focus would shift to the driver’s observable impairment. Moreover, prosecutions would no longer be limited to instances where the alleged substance involved would have to be on a state list. This could be particularly important given how many drugs already exist and how new compounds are created faster than lawmakers can react.
Legal observers and civil rights advocates have some potential concerns about shifting the emphasis to subjective observations by officers and expanding the definition of a drug to include “any substance or combination of substances that impair, to any extent, physical or mental abilities.” There are so many items that could fit this description, even some over-the-counter medications and nonalcoholic drinks. Under the current standard or the proposed bill, it is vital to have a proven DWI defense lawyer on your side.
At the Law Office of Maurice J. Verrillo, P.C. in Rochester, we have more than 35 years of experience protecting the fundamental rights of Western New York clients accused of Driving While Intoxicated and Driving While Ability Impaired. If you’re facing a DWI or DWAI charge, please call our office at 585-563-1134 or contact us online for a free 30-minute consultation.
September 5, 2025 Posted in DUI/DWI Tagged controlled substance, drug-impaired, DWI Comments Off on Deadly Driving Bill Would Make it Easier for New York to Prosecute Allegedly Drug-Impaired Motorists
