VTL 1192.4 · Article 1192

Driving While Ability Impaired by a Drug (VTL 1192.4)

This charge applies when your ability is impaired to some extent by a drug other than alcohol — including prescription medication — even if the drug was lawfully obtained.

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What the prosecutor must prove

  • You operated a motor vehicle in a location covered by VTL 1192(7), including public highways, private roads open to traffic, and qualifying parking lots.
  • Your ability was impaired to some extent by a drug.

Defenses that commonly apply

  • The impairment is not supported by the evidence.
  • The observed condition has another explanation.
  • The stop or the testing was unlawful.

Penalties and collateral consequences

A Misdemeanor carries a maximum sentence of up to 1 year and a fine of up to $500 to $1,000.

Every case turns on its own facts. The information on this page is general, not legal advice.

Related charges

Related practice areas

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