Can I Get a DWI if I Take Prescription Drugs in New York?

Yes, you can be charged with a DWI (Driving While Intoxicated) in New York if you are operating a motor vehicle while impaired by prescription drugs, even if you are taking medications as prescribed by a healthcare provider. New York’s DWI laws cover impairment by drugs, including prescription medications, in addition to alcohol.

If you are taking prescription medications that can impair your ability to drive safely, it’s crucial to be aware of the potential side effects and warnings provided by your healthcare provider and the medication’s packaging. Many prescription drugs come with warnings about not operating heavy machinery, including vehicles, while taking them if they can cause drowsiness, dizziness, impaired coordination, or other impairments.

Law enforcement officers may use various methods to assess impairment by drugs during a traffic stop, including:

• Observing your driving behavior for signs of impairment.
• Conducting field sobriety tests to assess your coordination and cognitive abilities.
• Using Drug Recognition Experts (DREs) to evaluate your level of impairment.
• Administering chemical tests, such as blood or urine tests, to detect the presence of drugs in your system.

If you are found to be impaired by prescription drugs while driving, you can be charged with a DWI or a related offense, such as DWAI-Drug (Driving While Ability Impaired by Drugs). The penalties for a drug-related DWI can include fines, license suspension or revocation, mandatory drug and alcohol evaluation and treatment programs, probation, and even jail time, depending on the specific circumstances and any prior DWI convictions.

To avoid legal trouble, it’s essential to follow your healthcare provider’s instructions regarding the use of prescription medications and to be aware of any potential side effects that may impair your ability to drive safely. If you have concerns about the effects of your prescription medications on your driving ability, discuss them with your healthcare provider and consider finding alternative transportation options until you are sure it is safe to drive.