Typically, DUI (Driving Under the Influence) offenses are alcohol-related. However, alcohol is one of many substances that can impair an individual’s capability to operate a motor vehicle. These drugs can include prescription medication, marijuana, or any other illegal narcotics. If you are facing a DUI drug charge, it is important to contact an experienced attorney who can build a solid defense specific to your case.
The biggest mistake to avoid for someone when pulled over is giving the police officer any more information than required besides their driver’s license, proof of insurance, and his or her vehicle registration. Any admission to taking any drugs or drinking alcohol prior to getting behind the wheel will automatically result in consent to a field sobriety test.
Under the law, it is a person’s right to not have to consent to take a breathalyzer or field sobriety test. It is never a good idea for anyone to do so unless the individual has absolutely nothing to drink in the past 24 hours. If he or she is certain that there is no alcohol in their system, then it is ok to proceed with the preliminary breath test, but should still avoid to any field sobriety tests.
Even if the evidence is overwhelmingly bad against the individual, the defense attorney will be able to provide the checks and balances of the prosecution’s case and make sure that there were no errors made along the way.
A police officer has the right to search the individual’s vehicle only when there is probable cause such as the smell of marijuana coming from the person’s car. If there is no reasonable suspicion or probable cause, it is the individual’s right to not give consent to the officer to search his or her car. However, once someone is arrested for a DUI, the officer will be able to proceed to an inventory search of the vehicle.
An attorney will be able to help with any damage control to ensure an individual does not make any incriminating statements to the police. A DUI drug lawyer can also contest any evidence that was obtained illegally or in violation of the individual’s constitutional right from an illegal search and seizure.
A defense attorney can find other elements that may aid in the defense such as good driving behavior. For example, if the driver weaved once, but there is a video that shows perfectly acceptable driving behavior the rest of the way, that one maneuver taken in isolation, is simply not enough proof necessary for the prosecution to get a conviction.
Another possible defense could be involuntary intoxication where a person does not know the drugs were in his or her system because someone slipped a pill into his or her drink, or they may have a medical condition that caused them to have an adverse reaction to something they ate or drank.
For instance, some questions that may be asked include:
There are many ways a defense attorney can help prepare for a case. The most important thing is hiring a drug DUI lawyer immediately after your charged for a drug-related offense so they can take the proper steps to mediating this process.
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