Your Virginia Legal Team

Defending an Arlington DUID Case

Drug DUI cases in Arlington, Virginia can become complicated and therefore difficult to defend. If you are facing a DUID charge, it is in your interest to retain an Arlington drug DUI lawyer for your defense.

A lawyer with experience handling these types of cases in the area will have a relationship with local prosecutors and have a grasp on what defenses typically work or don’t work with local courts. Call today to schedule a consultation.

Biggest Mistakes to Avoid in Arlington Drug DUI Case

Probably the biggest mistake to avoid in drug DUI cases is making admissions to the police about how much drugs you’ve taken. Detecting the amount of drug is very difficult. Without admission, they can be hard to detect. Admission is a big mistake because it gives local law enforcement officials affirmative information on something that they might not be sure of when they first pulled you over.

The second mistake in DUI drug cases is to not take them seriously. Sometimes people blow them off because they think it’s different than an alcohol DUI. In fact, the punishments are the exact same. The sentences are the exact same, and it is considered the exact same crime as DUI alcohol. To think it is a lesser offense merely because you were smoking marijuana and not under the influence of alcohol is another mistake.

The last mistake common in Arlington DUI drug cases is for people to try to manage the cases without an attorney. DUI drug cases are very nuanced areas of the law. They often involve following the chain of custody.

Nuances include the blood that was taken from your system and being able to analyze the method used to determine the amount of drugs that were in your system. Using an effective and constitutional examination, they have to determine whether the commonwealth can prove their case and also prepare possible defenses.

Not getting an Arlington DUI drug attorney and deciding to manage the case yourself is another common mistake that people charged with DUI drug offenses make. Hiring a lawyer who has dealt with these types of criminal cases before means having experience and knowledge on your side.

Involuntary Intoxication as a Defense

Involuntary intoxication can be a defense to DUI drug charges in Arlington. Drug DUI must occur due to impairment from a self-administered intoxicant—but the key is that it must be knowingly self-administered.

If somebody puts something in your drink or forces you to take drugs, or if you did not know you were taking a certain drug, these situations can be a defense to DUI drug cases. It can be a hard defense to present, but it can still be a defense.

What if You Didn’t Know How the Drug Would Affect You?

This is a nuanced area of the law, but you have a good argument that if you did not know that the drugs were going to have that effect, that you did not administer them, and that you did not administer them to yourself in a method to get you intoxicated.

Prosecutors have a decent argument that you still administered the drugs to yourself and that you should be aware of the drugs you are putting in your body and the possible side effect. That’s much more arguable.

If you were forced to take drugs or not knowing that you were taking drugs will be your defense, your Arlington DUID attorney would have to set up and explain the circumstances to the prosecutor and the judge. Such an argument may be successful, but it really depends on the individual case.

Contact Us

Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.

Copyright 2024 Virginia Criminal Lawyer. All rights reserved. Disclaimer/Privacy Policy