Interviewer: Are you seeing any cases where the person was arrested for prescription drug DUI or illegal drug DUI, like marijuana?
It Can Be More Difficult For The Police To Develop Probable Cause In Drug-Related DWIs
Martin Kane: Yes, surprisingly not all that many. There are fewer of them than you would think because it’s a little harder for the officer to develop the requisite cause to make the arrest. With marijuana there’s going to be a tell-tale smell in the car, but it’s not going to be the overwhelming thing that you see in alcohol.
The various semi-objective tests that an officer will use don’t apply as much to marijuana. Of course, ultimately you need to do a blood test to show the presence of marijuana. There is no set limit the way there is in alcohol-related DWI cases. I think those cases are more difficult for the prosecution to prove, and I think that’s the reason we don’t see as many of them. However, there certainly are a number of them that we see in the court. If you are facing a drug related DWI in Kew Gardens, NY or Queens County, New York, get in touch with a Drug Related DWI Attorney in Kew Gardens, NY immediately.
There Are Less Than 10 Percent Of Drug-Related DWI Cases Versus Alcohol-Related DWI Cases
Interviewer: You said they represent a low percentage of DWI cases right now?
Martin Kane: I would say that they do. There are certainly less than 10 percent. I don’t have any statistics on it, so I’m only going by my own observations. It’s not the type of case that you see near as frequently as alcohol DWIs. Only experienced New York Drug Related DWI Lawyers know how to properly defend such a case.
To arrange for a free initial consultation, call (718) 793-5700 or contact our office by email. Our Queens County Drug Related DWI Lawyers will be ready to serve you.