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Marijuana DWAI in New York: How Cannabis-Impaired Driving Is Proven - Jason Bassett · BSPE Legal Marketing Podcast

• 0:00
  Narrator: Marijuana DWAI in New York: How Cannabis-Impaired Driving Is Proven Unlike alcohol cases where a single number can seal a driver's fate, marijuana impairment charges in New York work entirely differently, and the stakes are just as serious.
• 0:14
  Narrator: New York has no set THC limit for drivers, which means prosecutors cannot point to a single laboratory result to prove cannabis impairment behind the wheel.
• 0:24
  Narrator: Instead, the prosecution builds its case from a combination of officer observations, driving behavior, roadside sobriety tests, Drug Recognition Expert evaluations, and toxicology results.
• 0:35
  Narrator: Marijuana DWAI is charged under Vehicle and Traffic Law Section 1192(4), which prohibits operating a motor vehicle while impaired by a drug to any extent.
• 0:46
  Narrator: Cannabis is expressly included under New York's statutory definition of a drug, meaning that even legal adult recreational use does not protect a driver who gets behind the wheel while impaired.
• 0:57
  Narrator: A Drug Recognition Expert, or DRE, follows a twelve-step protocol that examines vital signs, pupil measurements, muscle tone, and divided-attention tests before forming an opinion about impairment.
• 1:09
  Narrator: Toxicology results from blood or urine testing require important context, because cannabis compounds can remain detectable long after any actual impairment has ended.
• 1:20
  Narrator: A positive THC result alone does not establish that a driver was impaired at the moment they were operating the vehicle, which is a critical distinction in these cases.
• 1:29
  Narrator: When cannabis and alcohol are involved together, prosecutors may also pursue a DWAI-Combination charge under VTL Section 1192(4-a), which carries its own separate penalties.
• 1:41
  Narrator: A first Marijuana DWAI conviction is an unclassified misdemeanor carrying fines between five hundred and one thousand dollars, mandatory surcharges, up to one year in jail, and a minimum six-month license revocation.
• 1:54
  Narrator: If a driver has a qualifying prior impaired-driving conviction within the preceding ten years, a new Marijuana DWAI or DWAI-Combination charge escalates to a Class E felony with fines up to five thousand dollars and up to four years in prison.
• 2:10
  Narrator: Attorney Jason Bassett is a lawyer with more than twenty-five years of experience defending DWI and DWAI matters, having begun his career as an Assistant District Attorney in Queens County before moving to the defense side.
• 2:21
  Narrator: As a defense attorney, he handles cases involving disputed traffic stops, DRE evaluations, and toxicology evidence for drivers facing charges throughout Suffolk County courts.
• 2:31
  Narrator: The law firm handles felony and predicate-offense matters personally, reviewing DRE documentation and toxicology records through motion practice and trial, giving each case the focused attention it deserves.
• 2:43
  Narrator: If you are facing a Marijuana DWAI charge, contact the Law Offices of Jason Bassett, P.C. by calling 631, 259, 6060, located at 320 Carleton Ave # 4200, Central Islip, NY 11722, United States, to schedule your free consultation today.