It is important for someone charged with driving under the influence of drugs to know what has to happen for a conviction. Additionally, it’s important for them to have a Norfolk DUI lawyer who can clearly explain what it is that the Commonwealth needs to prove in court and what the options are for their particular case.
With theses things in mind, the following is information on what to expect if you have been charged with a DUI drug offense in Norfolk and how an attorney can help. To learn more, call today.
From the beginning, a law enforcement officer will stop the driver for a whole variety of reasons whether they are weaving back and forth, speeding, or some other traffic violation. If there is reason to suspect the driver is driving under the influence, generally at this point the officer will attempt to collect evidence, which is in the form of the field sobriety tests and the preliminary breath test.
If they suspect that drugs are what has caused the driver’s impairment, then the driver will be taken to the hospital to submit to a blood test. If there was alcohol then they go to the police station and take a breathalyzer. Then, after that, the driver is taken before the magistrate who will charge the driver with driving under the influence and decide at that point whether to issue a bond.
After you’ve been in front of the magistrate, then at this point you are allowed to contact an attorney.
After you go in front of a magistrate, you are issued a bond or denied bond. Then if you’re issued a bond, you are free to go until your arraignment. At your arraignment, you will be officially charged by a judge and you willl be asked if you would like to hire an attorney or not.
If you are denied bond, then your best bet is to call an attorney at that point so they can schedule another bond hearing for you to see if you can get a second chance. If you are still denied bond, then you will be held in jail until the arraignment.
The first place to begin in defending any type of DUI is to look at whether there was a legally sufficient reason or the officer to have stopped the vehicle in the first place. If an attorney can successfully challenge the stop, then they don’t even have to worry about anything else that happened after that.
The next step is to analyze whether there was probable cause for an arrest. That would include scrutinizing the the field sobriety tests and how they were administered. After that, it gets a little more complicated and defenses will relate to the blood test.
Defenses generally relate to how the blood was handled after it was drawn, up until it was tested by the Department of Forensic Science. There’s also a possible defense related to timing of when the blood was drawn in relation to when the defendant was actually driving.
The biggest mistake to avoid in a Norfolk drug DUI case is to go into it alone without an attorney. DUIs of any type are very serious charges and there are very harsh future consequences that come from a conviction. It is a major mistake to not take it seriously or to believe that it will be an easy charge to beat on your own. It’s not an easy charge to beat even with an attorney, but you absolutely have a much better chance with an attorney.
An attorney is absolutely crucial to this type of charge. An attorney can explain to you all the possibilities with your particular case facts and can help you prepare for court in order to get the best possible result. It’s really important to prepare well for these types of cases. Depending on exactly what happened, preparing for court means having the defendant enroll in drug counseling or treatment beforehand or to do something else in an effort to provide strong mitigating factors.
An attorney can get the evidence from the Commonwealth and analyze it to figure out what the possible defenses are. They know how to ensure that the tests were administered correctly and they can look for any flaws in the case or in the process.
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