If you are charged with driving while under the influence of drugs its important to contact an experienced Henrico County drug DUI lawyer as the defenses for these cases can be very specific and technical. A lawyer will be able to look for the specific aspects that lead to a DUI drug charge and make sure that the tests were performed legally and all required procedures took place properly.
If you are suspected of being under the influence of drugs, a blood test will likely take place either voluntarily or through a warrant. As a result, a Henrico County DUI attorney will also look for information regarding the administration of the blood test and asking questions such as:
This also includes issues with the chain of custody and how the blood was handled after it was taken.
The penalties on drug related DUI or DUID are the same as the alcohol related cases. However one thing that the courts do consider is if it is a drug like cocaine or heroin they are more likely to impose a much higher sentence just due to the implications of that drug use.
As a Henrico DUI drug lawyer can tell you, you can be charged even if it is a prescription or a legally prescribed drug. If the drug you are taking was in excess or against the orders of the doctor or mixed with alcohol it can lead to a charge. They can and will charge you if the medical or prescription drugs you’re on cause impairment to your driving. It would then be up to your attorney to provide the defense.
What they will also look for is if the prescription itself had any warnings or limitations on it and you choose to ignore those when operating the vehicle. If that’s the case they will most definitely charge you.
They can and will charge you even if it is over the counter medication. What they will look for is the amount that was taken, if that drug was mixed with any other medicine and to the degree with which the drug you took impaired you and impaired your ability to drive.
The biggest mistakes Henrico DUI drug lawyers see in these cases is that individuals just take whatever they are prescribed and get on the road without understanding how that drug might affect them. Or they mix the drug with one glass of wine and it has a significant effect on their ability to drive.
Just because the drug is prescribed does not mean you are protected. If you are impaired while driving you can be charged. Ultimately the responsibility of knowing when to drive is up to you. So if you are taking drugs that impair you and impair your ability to operate a vehicle, you cannot operate a motor vehicle in the state of Virginia and you can be charged. If you have been arrested for a DUID, contact a Henrico drug DUI lawyer to learn more about the legal proceedings and your options.
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