Dumfries Drug DUI Lawyer
A person can be charged with a DUI for a drug-related impairment in Dumfries, even without consumption of alcohol. In order to be found guilty of a DUI, in addition to showing that the individual was operating the vehicle, the government has to show that they were under the influence of drugs, alcohol or combination of the two. The way in which a person is shown to be under the influence of drugs is twofold. One is by showing that the person has more than the legal limit of a particular kind of drug in their system.
However, even if a person does not have more than the legal limit of a certain kind of drug in their system or they have a drug in their system that is not contemplated by Virginia law, the government can still get a conviction if they can prove that the driver was impaired. In order to defend against this type of charge, it is important those accused consult with a Dumfries DUI drug lawyer as soon as possible so that they can begin collecting evidence and putting together a defense. To learn more or discuss the specifics of your case, call a Dumfries DUI lawyer today.
The penalties are not any different for drug DUI cases as with regular DUIs; they involve potential jail time, and potential fines as well as license loss, VASAP classes and an ignition interlock on the person’s vehicle if they are convicted.
Legal or Prescribed Drug Charges
A person can even be charged with drug-related impairment for any kind of drug including legal or even prescribed drugs. The statute indicates that regardless of what kind of drug or combinations of drugs it is, the person will be found guilty of a drug DUI if they are under the influence to a degree that it impairs their ability to safely operate a motor vehicle.
Impairment can also be proven by a person’s behavior, how they drove, how they walk or talk. The result of Field Sobriety Tests can also be things that are factored in proving impairment of the case and are something that a DUI drug lawyer in Dumfries must take into account when building a defense.
Mistakes to Avoid
The biggest mistake to avoid in drug DUI cases is submitting to the tests that the police offer at the side of the road or taking any tests that are offered by the police in terms of a blood alcohol test.
Drugs are tested for, using blood alcohol tests that are administered through the removal or drawing of a person’s blood. Just like any other tests, these tests can, in fact, be refused. However, if there’s probable cause for your arrest and you do refuse to give a blood sample, you can be charged with the additional offense of unreasonable refusal.
Involuntary intoxication is a defense in Virginia but it is difficult to prove. Involuntary intoxication involves a person being intoxicated either by alcohol or drugs that were administered to them by someone else. If it can be proven that the person did not know that they had ingested the drugs, then involuntary intoxication can be a defense used by a Dumfries DUI drug lawyer.
Whether an unexpected drug interaction is going to be usable in an involuntary intoxication setting depends on a great deal on what the drug was or the combination of drugs was and what the person knew about the drugs. With safety warnings and labels on the vast majority of drugs in most cases these days, it’s not easy to prove that a person did not know about the potential drug reaction or interaction.
Importance of an Experienced Lawyer
It’s important to contact an experienced Dumfries DUI drug lawyer when you’re facing a drug DUI because the consequences are significant and the complicating factors in cases of this nature are significant. It’s important to deal with someone who has handled these cases before who has a great deal of experience in Dumfries and can walk you through the ins and outs of these drug DUIs.