New York's impaired-driving law is not only about alcohol. Driving While Ability Impaired by Drugs (DWAI-Drugs) under Vehicle & Traffic Law §1192(4) covers impairment by a drug, and that includes marijuana, a legally prescribed medication taken as directed, or an over-the-counter drug, not just illegal substances. DWAI-Combination (§1192(4-a)) covers the combined effect of alcohol and a drug.
Why these cases are different
An alcohol DWI has a clean threshold: .08 and you are presumptively intoxicated. Drugs have no equivalent legal cutoff. There is no per se marijuana limit in New York, and the presence of a drug in your blood or urine does not by itself prove impairment at the time you were driving, metabolites can linger for days after any effect is gone. That gap between "present" and "impairing" is central to the defense.
The evidence, and how it is challenged
Because there is no number to lean on, drugged-driving cases lean heavily on the officer's observations, a Drug Recognition Expert (DRE) evaluation, and chemical testing of blood or urine. Each is contestable: DRE protocols are involved and frequently not followed to the letter, roadside observations have countless innocent explanations, and lab testing has its own chain-of-custody and reliability questions. Prescription-medication cases raise the added issue of whether you were warned of and aware of any impairing effect.
Penalties and eligibility
A first DWAI-Drugs is a misdemeanor with the same fine and jail range as a first DWI ($500–$1,000, up to a year), but with an important wrinkle: a DWAI-Drugs conviction generally does not qualify for a conditional license, though a restricted-use license may be available. Repeat offenses are charged as felonies. See DWAI generally and the full consequences.
Figures reflect current New York law (VTL §§1192, 1193, 1809; NY DMV) as of 2026 and are general information, not legal advice. Your exact exposure depends on the facts of your case.