Even if you have already been arrested and administered a blood test, a Manassas DUI drug lawyer can assist you in building a defense. Call today to discuss what defenses may be available in your case and what can be done to mitigate the harm.
Some of the more common defenses used in drug DUI cases surround the administration of the blood test as well as the interpretation of the results of blood tests. When challenging the administration with the blood test, it is typical to look at every part of how the test was administered.
There are very specific requirements for what the police officer has to do in terms of placing the person under arrest before they give the test, administering the test in the appropriate way, and having an appropriate medical professional to perform that test. Finally, properly handling the blood after the test has been complete is critical.
In the case of challenging the results of blood test, in many cases, the blood result will show some drug in the individual’s system that is either not a prohibited drug or is not present in a sufficient quantity to demonstrate that they’re guilty of DUI.
In those cases, the government has to bring an expert witness to court to explain what the drug or drugs were and how those drugs acted alone or in combination to cause the individual to be too impaired to safely operate a motor vehicle.
Mixing of drugs and alcohol definitely affects the way that the DUI case is prosecuted or defended. It is not unusual for a DUI defendant to have an amount of alcohol in their blood stream that is lower than the legal limit and simultaneously have some amount of drugs in their system which are either lower than the legal limit or which are drugs that are not illegal.
Under those circumstances, the government is going to have to prove that the alcohol interacted with the drugs which were present in such a way to impair the individual to a degree that it was unsafe for them to drive. This is often very subjective testimony given by the government’s expert witness. In many cases such testimony can be countered by an expert witness which is employed by the defense.
There are a number of things an attorney can do for someone who’s facing a DUI drug charge because there are so many ways that this kind of case can be defended, and there are so many ways in which police or prosecutors can make mistakes in the case which will make it difficult for them to obtain a conviction.
What the appropriate course of action will be in a particular case, whether it’s challenging the stop, challenging the arrest, or challenging the blood test process, will be up to the attorney to determine under the particular facts of circumstance.
However having someone who is experienced in trying these kinds of cases gives you the best chance to recognize important defenses as they arise.
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