In Loudoun County you may be charged with driving under the influence if you have met a certain per se level for consumption of drugs, or if you have consumed drugs to the point that it impairs your ability to operate a motor vehicle.
These cases are actively prosecuted and can often be difficult for law enforcement and the commonwealth attorneys to prove. However, if convicted you will likely face serious consequences making it important you consult with a Loudoun County DUI drug lawyer as soon as you are charged.
A DUI lawyer in Loudoun County can assist in looking at the facts and circumstance of your arrest, and making sure that your rights were protected throughout the entirety of the legal process.
As a Loudoun County DUI drug attorney can attest, you may still be charged for a drug DUI even if you have only consumed legal drugs, or drugs that were prescribed by a doctor. DUI drug lawyers in Loudoun County often see individuals charged with drug DUI’s when they have consumed prescription painkillers, prescription anxiety medications or even prescription allergy medications that make them drowsy and as a result of this drowsiness bad driving behavior occurs.
This leads to the initial stop and potential poor performance on Field Sobriety Tests. If it is determined that the consumed drugs are impairing their ability to operate a motor vehicle safely, they may be charged with a criminal offense.
The biggest mistake to avoid in a drug DUI case is making too many statements to law enforcement officials. You do not have to discuss your consumption of drugs with law enforcement. In addition, another mistake is performing Field Sobriety Tests. Especially in a drug related DUI investigation there are very few evidence gathering techniques that are available to law enforcement. One of these is to have you perform the Field Sobriety Tests to show impairment.
In Virginia, the Field Sobriety Tests are not mandatory and you can absolutely decline to perform them in those cases. If you are suspected of driving under the influence of drugs it is a good idea to decline the field tests rather than give law enforcement officers potential evidence against you.
If you are suspected in a DUID offense or driving under the influence of drugs it is common that after an arrest the arresting officer will request a blood test. Virginia Code allows for blood testing in cases where probable cause exists to believe that a driver is under the influence of drugs.
You can refuse the blood test. However, if there is a probable cause to believe that you are driving under the influence of drugs and you refuse the blood test, you may be charged with unreasonable refusal pursuant to Virginia Code Section 18.2 – 268.3. It is the same code section under which you will be charged if you refuse to do the breath test at the station if probable cause was established for your arrest in an alcohol case.
In addition to these blood tests, field sobriety tests, statements of witnesses, and circumstantial evidences is also used to help prove impairment. Circumstantial evidences in drug DUI cases is typically drug paraphernalia in the car, odors or stains visible in the car or the presence of drugs themselves on the person. If you are uncertain about evidence that may be used in your DUI case, call a Loudoun County drug DUI lawyer to discuss your case.
Yes, involuntary intoxication is a defense. However, involuntary intoxication is an affirmative defense meaning that the defendant must present evidence that they were intoxicated against their wishes. This does not mean that they did not know the strength of the alcohol or drug that they voluntarily consumed. This means that they must prove that they consumed an alcohol beverage or drugs without knowledge and against their will.
DUI drug offenses, often known as DUID offenses, have specific areas of defense that present themselves, making them much different from alcohol related DUI offenses. Additionally, due to the use of blood tests, expert witnesses, and field sobriety tests, an experienced Loudoun County DUI drug lawyer is imperative to building the strongest defense possible. Therefore, if charged, call and schedule a free consultation today to discuss your case.
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