A person can be charged with a DUI for a drug-related impairment, which is treated similarly to driving under the influence of alcohol cases. The statute says that a person is not allowed to drive while under the influence of any drugs, such as marijuana, or any combination of drugs. Police take DUIs involving drugs very seriously, and will closely observe a person and their driving when they suspect someone of driving under the influence of drugs.
A person should avoid admitting to law enforcement that they consumed or are under the influence of any type of drug while they are driving. Additionally, a person should not offer any blood or urine samples. Admission to a charge or offering up blood or urine samples without the necessary warrant from the police officer can negatively impact a case and a DUI attorney’s ability to prepare a robust defense.
For this reason and due to the severity of a DUI drug charge in Chantilly, it is crucial for a person to contact a Chantilly DUI drug lawyer right away to ensure they have a strong defense to combat the charges against them.
The penalties for a DUI drug are going to be the same as an alcohol DUI charge. The penalties, however, could increase if the person is also in possession of drugs, but the penalties themselves under the DUI statute are going to be the same.
A person can certainly be charged with drug-related impairment even if it is a legal drug. There are certain drugs that a person is not supposed to be under the influence of when driving, whether or not they are prescribed to the person and whether or not they are legal. These drugs can include Ambien, Xanax, or certain cough medications that contain codeine. Therefore, even if a person has a prescription for it, if it impacts their ability to drive, they can still be convicted of a DUI.
Over the counter medications, such as Benadryl, would be the same situation. It would be a medication that you are not supposed to drive while you are under the influence of and so, you can still be charged with DUI for being under the influence of Benadryl.
An involuntary intoxication defense is usable, depending on the facts, but it is a really difficult thing to prove or to provide.
For involuntary intoxication defenses, a DUI drug attorney in Chantilly will have to show that you had no knowledge of the nature or circumstance of the item that you are under the influence of; which could happen if you were drugged by somebody or if you did not know that you ate something or that you had something that has a type of drug in it.
It is a very specific defense that your attorney is going to put and depends on the facts of your case.
Authorities can test for different drugs in different ways, including asking for a blood or urine sample. A person can, and should, refuse to submit to these things, however, unless the officer has a warrant. Even with probable cause, though, authorities must have a warrant in order to get someone’s blood.
Police can still work to prove that a person is impaired while they are under these drugs with things like observing the person’s driving behavior or observing their physical condition, such as if they have bloodshot eyes, twitching, exhibiting facial movements that are inconsistent with somebody who is not under the influence or consistent with somebody who is on certain type of drug, or dilated pupils.
It is important to contact a Chantilly DUI drug lawyer when facing these types of charges because drug DUI cases are very nuanced.
Depending on the type of drug and depending on the situation and what kind of signs or symptoms a person is exhibiting, there could be a lot of different defenses in their case, including involuntary intoxication depending on the circumstances.
A DUI drug attorney in Chantilly can know exactly which arguments the judges and prosecutors in Fairfax County are going to listen to and what the different judges are going to do with specific cases.
Additionally, a DUI drug lawyer in Chantilly can more accurately defend a case and be able to point out the flaws in the prosecutor’s argument more readily than somebody who is not familiar with the area.
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