Your Virginia Legal Team

Defense Strategies For Norfolk DUID Cases

Due to the severity of DUI charges, it is imperative that you consult with a Norfolk DUID lawyer as soon as possible to discuss your case and begin building a defense. The following is information on the specific elements of a DUI drug defense and how a mixture of drugs and alcohol can impact your case. To learn more, call today.

Steps to Building a Defense For DUI Drug Charges

The first thing to look at when building a defense for drug DUI charges is the reasons behind the initial stop of the vehicle. This is the same for a DUI for alcohol as it is for a DUI for drugs. The officer is required to have reasonable suspicion that the driver is impaired or must have observed a traffic violation of some kind.

In addition, a traffic accident would give officers the right to investigate the driver’s level of impairment. If the stop was illegal, then the evidence obtained after the stop will not be admissible at trial and the case will be dismissed.

Once this is done, the next step is then to analyze the method in which the defendant was tested. If it was not done properly the results are not admissible, so it is important to make sure everything was done according to correct protocol and procedure. If there was any sort of mishandling of the defendant’s blood sample, or the test was administered too long after the stop, then there’s cause to have that evidence suppressed.

Other defenses relate more directly to whatever the substance in question is. For example, if the impairment is due to a legally prescribed drug that someone had an unforeseen bad reaction to then that will be a strong defense.

Impact of a Drug and Alcohol Mixture

Mixing can have an effect on how a DUI case is prosecuted and defended. If impairment by alcohol is suspected, the police will offer a breath test first unless they think impairment by drugs is more likely.  If so, then they will obtain a sample for analysis. The crime lab will test for alcohol first.

If the level is .08 or more, then they will not test for drugs because that level of alcohol is sufficient for a conviction.  If the level is below .08, then the lab will test for drugs.

Can a Safe Amount of Prescription Drugs Mixed With a Glass of Wine Be Used As a Defense?

It depends. Prescription drugs that may have adverse effects when they are mixed with alcohol generally come with a warning to not drink any alcohol while taking the drug. If someone chooses to ignore this warning, then it is unlikely that they’re going to get any leniency even if the amount of alcohol was as small as just one glass of wine.

What Are Some Situations Where it May Not Be The Person’s Fault?

Situations like that are fairly rare. It would require someone to have done everything as required by the prescription and yet still have a unique reaction to a drug that was not already laid out in the drug’s possible side effects or warning.

Contact Us

Do not send us confidential information related to you or your company until you speak with one of our attorneys and get authorization to send that information to us.

Copyright 2024 Virginia Criminal Lawyer. All rights reserved. Disclaimer/Privacy Policy