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How can PTSD influence DWI charges?

On Behalf of | Nov 25, 2024 | DWI

Going through a traumatic event can have long-lasting effects. It can impact different parts of a person’s life, including their driving behavior. Let us explore the complex link between PTSD and driving, especially related to DWI charges.

How does PTSD influence driving?

Post-traumatic stress disorder (PTSD) often shows symptoms that can harm driving skills. These can include:

  • Intrusive thoughts and flashbacks: Sudden, vivid memories of the trauma can cause panic and distraction, hurting a driver’s focus and reaction time.
  • Hypervigilance and anxiety: Constant fear and alertness can lead to impulsive reactions, making it hard to assess risks properly while driving.
  • Sleep disturbances: Insomnia or nightmares, common in PTSD, cause fatigue, harming driving performance.

These factors increase the risk of traffic violations and accidents. However, remember that having PTSD does not automatically mean dangerous driving.

Can PTSD be a defense against DWI charges?

In New York, a DWI charge depends on proving that alcohol or drugs impaired the driver. PTSD itself does not directly defend against a DWI, but it can affect legal proceedings. New York Penal Law allows mental disease or defect to influence criminal responsibility.

What do PTSD sufferers need to know if charged with DWI?

In New York, DWI charges can have severe consequences, including fines, license suspension and even imprisonment. If you have PTSD and are facing DWI charges, you must understand your rights and options. New York law considers a defendant’s mental health as a mitigating factor in sentencing. You might change the case’s outcome if you, with expert testimony and medical records, show that PTSD symptoms directly caused the impaired driving incident. For example, if a flashback caused a panic attack that led to erratic driving, you might have the court consider this during sentencing or plea bargaining.

However, this requires the ability to present a strong defense. It is essential to seek help from someone who understands both complexities. Doing so can give you the support you need to move forward.

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