If you have been charged with a DUI, then the allegation against you is that you were operating a motor vehicle while under the influence of drugs. Driving under the influence of drugs is governed by Section 1192(4) of the Vehicle and Traffic Law (VTL) and is an unclassified misdemeanor. As such, if you are found guilty of violating VTL 1192(4) after trial, or otherwise plea guilty to this charge, it will leave you with a criminal record.
It is not uncommon to see the following text, which is arguably boilerplate, on the face of a Criminal Court Complaint which charges an individual with DUI:
"I observed the defendant operating a car. I know that the defendant was impaired by marijuana because I smelled a strong odor of marijuana coming from inside the car and observed that the defendant had bloodshot and watery eyes and the defendant admitted to having smoked marijuana."
The above will be sworn to by the police officer who claims to have witnessed you driving under the influence of drugs. If the police claim that they recovered the drugs that they claim you were driving under the influence of, your DUI attorney will likely ask the judge that a pre-trial suppression hearing take place prior to the trial, if the case is proceeding in that direction. Also, if the police claim you made any statements, known as statements against your own penal interest, such as, "I just got done smoking some great marijuana before I got into the car and drove off," your DUI lawyer should request a pre-trial suppression hearing known as a Huntley Hearing. A Huntley hearing will address whether or not the prosecution will be permitted to introduce the statement, that the police claim you made at trial.
If you have been charged with a DUI in NYC, immediately contacting an experienced attorney may significantly increase your chances of a favorable outcome.