A DWAI arrest in the state of New York can result in punitive actions before the trial even begins. When there are children in the car, child protective services may become involved, evaluating the children's living circumstances to determine if they should remain in their present environments. Driving while impaired with children under the age of 16 in the car raises the seriousness of the offense, with the driver facing an automatic felony charge under the state's Leandra's Law, making it even more important for the driver to prepare a strong DWI defense.
New York Attorney General Eric Schneiderman announced last week that his office has filed a lawsuit against 16 so-called head shops across the state. He wants to shut them down for selling banned substances since the ban was enacted by the Drug Enforcement Administration in October 2011.
When determining your motor skills and ability to drive during a traffic stop, New York police use the same field sobriety tests, whether they believe you have been drinking alcohol or are under the influence of other drugs. If police believe you are under the influence of prescription drugs or narcotics they can still conduct a battery of tests to determine your ability to drive and arrest you for Driving While Ability Impaired or DWAI.