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Rochester DUI Drug Lawyer
Dealing with a case in the criminal justice system can be an intimidating and stressful ordeal. You are likely facing uncertainty about your case and concern about the impact on your future. With the assistance of a Rochester DUI drug lawyer, you may be able to better understand the challenges you might face and how to combat these accusations.
Facing a criminal prosecution is an experience that you do not have to undertake alone. An OWI defense lawyer could advocate for your interests and determine how to defend your rights in your case most successfully. You may reach a better result in your case if you have reliable legal advice and guidance throughout the criminal court process.DUI Drug Driving Offenses in Rochester
Most people commonly associate operating while intoxicated charges (OWI) with excessive alcohol consumption. However, individuals could also face OWI charges if they operate motor vehicles while under the influence of many drugs. If the drug is a “scheduled” drug, meaning it appears on the state or federal list of illegal drugs, then it may be a zero-tolerance or any amount offense. If the drug is a prescription drug, then the prosecutor may need to prove impairment.
While state law requires individuals to have a blood alcohol content (BAC) of .08 percent or more or visible impairment by alcohol to justify OWI charges, measuring the extent of drug use is not as easy. Blood tests are typically necessary to document the presence and amount of drugs or other intoxicating substances in the body of a driver suspected of drugged driving. Furthermore, unlike the legal limit for alcohol when driving, any detectable amount of scheduled drugs could be enough to support a DUI drug charge.
As a result, if the police stop individuals who are driving with heroin and other Schedule I controlled substances in their systems, they will likely be charged with a zero tolerance OWI. Any controlled substance that may impair a person’s ability to drive such as prescription sedatives, painkillers, or even over the counter cough medicine might also be the basis for a drugged driving charge. Anyone facing these charges in Rochester should strongly consider calling a DUI drug lawyer for advice.Sentences for Drug DUI Convictions
The punishment for OWI based on illegal drug use is just as harsh as that for OWI based on alcohol consumption. While state law provides for some factors that could enhance OWI sentences, those factors exist equally in OWI cases involving drugs, alcohol, intoxicating substances, or a combination of the three.
First and second OWI offenses are typically misdemeanor offenses under state law. Individuals may face incarceration, community service hours, probation, fines, and more as a result of a misdemeanor OWI conviction. A second conviction within seven years of the first conviction is likely to result in higher penalties such as larger fines or longer terms of incarceration.
A significant part of an OWI sentence is a license suspension of 180 days for a first offense. The first 30 days of license suspension is a hard suspension. Allowable restricted driving is allowable after this 30 day period. Suspension periods are lengthier as individuals accrue subsequent convictions for OWI.Felony Drug DUI Charges in Rochester
Individuals with two OWI or more related convictions at any point in their lives would be subject to felony OWI charges. A felony charge is possible even if the previous OWI convictions were based on alcohol consumption instead of drugs.
Felony charges also stem from drugged DUI arrests if the drivers had a child under the age of 16 in their vehicles at the time of the incident. Drivers who cause accidents resulting in severe bodily impairment or death to others may also face felony OWI charges. Each of these offenses carries the potential for far more significant penalties than misdemeanor OWI charges.Call a Rochester DUI Drug Attorney for Legal Representation Today
The costs of an OWI conviction based on drug usage can be high. Not only can the black mark of a criminal conviction on your background jeopardize your job and ability to pursue certain careers, it could also pose a significant financial burden in the form of fines and increased insurance premiums. A Rochester DUI drug lawyer may be able to explain the full implications of an OWI conviction to you.
Furthermore, once you accrue two OWI or related convictions, you are at risk of a felony charge, even if the following offense occurs decades later. Facing these charges alone is daunting, and it may lead to a less desirable outcome. Schedule a consultation with a compassionate legal time by calling today.