Welcome back to the DuBois Law blog! As you probably already know, St. Patrick's Day Weekend is coming up, and for Buffalonians this means things might get a little wild. Today on the blog we wanted to touch on a few notable reminders about drinking and driving, and also, now that marijuana is legal, thinking about the repercussions of marijuana and driving. Let's get right into it. 

Drinking? Just Don't Drive.

The penalties for a DUI, DWI, or DWAI, are not worth the risk of drinking and driving. If you plan on having a good time this weekend or St. Patrick's day, the cost of an Uber or catching a sober ride will certainly be less than that of a DWI conviction. St. Patrick's Day is one of the leading holidays when it comes to DWIs and accidents, and drinking and driving could cost you even more if you were to get in a bad accident and hurt yourself or worse, someone else. If you do find yourself getting pulled over, it's important to know your rights.

An officer can pull you over for several reasons, if you are swerving, speeding, or driving distracted, you are committing a basic traffic infraction, and can be pulled over. Once you are pulled over, if the officer detects any probable cause (which will be pretty obvious during St. Patrick's Day weekend) like the smell or presence of alcohol, then you are looking at a field sobriety test. Once they are convinced there are signs of impairment, you are likely to be asked to submit a breath test, which if failed, will provide probable cause for a DWI arrest. This may not be the test that is used against you in a court of law, as this is what is known as the "preliminary breath test," or PBT, but you will be given another once you're back in the station. 

It's important to know that although you are NOT required at any point to participate in these tests, being compliant with the officer will usually help you in a court of law. The other thing to remember is it is not advised to refuse a chemical breath test because this could lead to a "common law" DWI for being charged with Driving While Intoxicated without a certified chemical test. (violation of Vehicle & Traffic Law Section 1192-3) 

Without a search warrant, police are not technically allowed to search your car, BUT, this changes if the officer clearly can see or smell alcohol on you or in the car. This is also not the case if the officer can see drugs or firearms in plain view. If this is the case, they can certainly search the car, and potentially find other illegal items or substances. 

A DWI (even just a first offense) can lead you to some serious headaches that will hurt worse than a simple hangover. Significant fines, losing your license, classes, fees, surcharges, court time, lost wages, and of course, attorney fees. Not worth it!

Ok So How About Cannabis?

A lot of people have turned away from booze and looked toward cannabis as an alternative form of recreation. With dispensaries opening up on every corner lately, legal weed is something that may seem like a "safer" alternative for some this weekend. Even some may consider just going out and partaking in a THC edible or just a little joint without drinking. This does NOT mean this person should be the "DD." This person is also in for a rude awakening if they're pulled over. Here's what you need to know. 

DWAI- Driving While Ability Impaired is a chargeable offense. The term "drug" encompasses cannabis. Law 1192(4-a) forbids driving while under the influence of alcohol and narcotics. Because marijuana has THC in it, there is no "minimum" amount like a BAC or Blood Alcohol Concentration. Marijuana usage of any kind could result in a charge! THC can be found in blood for up to 7 days after regular usage. Cannabis can cause impairment, and cause an arrest. 

Read More: Drug-Related DWI in NY: How It’s Treated Differently from Alcohol

Simply smelling marijuana in the vehicle does not grant an officer a valid reason to search the vehicle, BUT, if a driver has given off simple signs that they are high, this could lead to legal issues. Speeding, serving, or signs of impairment can still lead to a DWAI, even if cannabis is "legal." It's not like smoking a cigarette and driving. An officer's observations are admissible in court, and they can testify if you are "acting high," showing signs of incoherence, or poor coordination, for example. Body cameras can also tell a story in court, which allows the jury and/or judge to determine if a driver looked high. 

You Don't Want to Drive High. 

Getting caught driving while impaired by cannabis can still be as costly as drinking and driving. DWAI fees and fines are still a misdemeanor and lead to revocation of your driver's license and even up to one year in jail. Now, with the right attorney you can count on having a plan that helps keep your case result as best as it can be, but you simply don't want to risk driving high, or driving after a few beers this weekend. Fines and repercussions get worse for each offense also, so if you've already been convicted of a driving offense, these types of charges can result in felony charges. If you are caught driving while impaired with cannabis, with a passenger under the age of 16? This is an automatic felony under Leandra's Law. (Vehicle & Traffic Law Section 1192.2-a(b)). 

Whether you're using legal recreational cannabis or medical cannabis doesn't matter either, if you're charged with DWAI you better get a good lawyer ASAP. 

The bottom line is keep yourself, and others safe this weekend. We hope to not hear from you, but if you need a good criminal defense attorney, know that We Understand, We Never Judge. We are here for you.