There is no .08 standard for driving high in Queens as there is for driving with alcohol in your system. As such, even the smallest amount of marijuana in your system can cause you to be charged with drugged driving in the state of New York.
Driving Under the Influence of Marijuana
While some states have specific limits on how much tetrahydrocannabinol (THC), the main psychoactive ingredient in marijuana, a driver can have in their system before they are legally considered impaired, New York State has not adopted any of these limits. In fact, the law currently says that any amount of THC found in the blood or urine of a driver is too much, and the driver can be arrested and charged with driving under the influence of drugs.
Penalties for Driving High in Queens
The penalties for driving under the influence of drugs carries penalties that are similar to those established for drunk driving, however these penalties increase if the driver has alcohol in their system at the time of the offense or if there is a minor passenger in the vehicle.
- First Offense: carries a fine of between $500 and $1,000 and/or up to a one-year jail sentence and a 6-month license suspension.
- Second Offense: if the second offense is within ten years of the first, it carries a fine of between $1,000 and $5,000, incarceration of at least five days and up to four years, and a 12-month license suspension.
- Third and Subsequent Offenses: carry a minimum one-year license suspension, up to seven years imprisonment and/or up to $10,000 in fines.
Driving High in Queens Arrest
Driving high in Queens is a misdemeanor crime that you could face if you drive with any type of drug in your system, including marijuana. To be convicted of driving high, there must be proof that you were not able to operate your vehicle in a reasonable and prudent manner because of the drugs in your system.
To be arrested for driving high, New York law says that the following circumstances and facts should be considered –
- The presence or odor of a drug
- How the driver was operating the vehicle
- The driver’s appearance, speech, balance, and condition
- The driver saying they have used a drug
- The circumstances of the accident if applicable
- The presence of drugs in the driver’s blood or urine test
If you are found to be in possession of illegal drugs at the time of your offense, the penalties and punishments may be significantly increased, depending on the amount of marijuana you have on your persons or in your vehicle.
Free Case Evaluations For Those Accused Of Driving High in Queens
Being arrested for driving high in Queens can have a significant impact on your life and lives of those who depend on you. If you are facing drugged driving or driving high charges, contact the law firm of Kerben & Associates. We will fight for your rights and help you navigate the complexities of the law. Contact us now at 718-575-8433 for a free driving high in Queens case evaluation.