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Virginia Beach DUI Drug Traffic Stops

Drug DUI charges in Virginia Beach are not very common. Having drivers submit instead to a blood test rather than the breath test is generally uncommon as well. A lot of times people are pulled over for what should be a drug DUI stop, but the officers don’t realize that drugs are the cause of someone’s erratic driving.

On occasion when there is a drug DUI, the convictions are much easier for the Commonwealth to get because there has been a blood test which tends to be really persuasive and conclusive, though an experienced Virginia Beach DUID attorney may be able to successfully argue against the blood test evidence.

How DUI Drug Stops Compare to Regular Traffic Stops

The circumstances leading up to a Virginia Beach DUI drug charge are identical to alcohol DUI charges. The main thing officers are looking for is whether an individual is driving while impaired.

If the driver is obviously impaired during the stop, then this is cause for a charge. Someone can be charged with driving under the influence due to any type of drug, also, even if the drug was legally prescribed to them.

In general, all kinds of DUI stops are the same because police officers are just looking for impairment. The officer is going to be looking for a driver that’s slurring or stumbling, has glassy eyes, or has anything that otherwise makes him appear impaired.

The field sobriety tests that the officers will use are the same whether it’s drug or alcohol and often times, the officers won’t know what the driver is impaired by.

When police officers make an initial traffic stop, they are not clear as to the reason for someone’s erratic driving. Virginia Beach police officers make the initial stop based on a person’s behavior on the road, with no clue to the cause behind the stop.

The only difference comes at the end when the officer decides to test. Either they will use a breathalyzer test at the police station or they will take the defendant to the hospital for a blood test.

Arguments Against Impairment

The drug does not have to be illegal for someone to be charged with a Virginia Beach drug DUI. It can be a drug that is prescribed to you and that you are using completely as prescribed, yet it has impaired your ability to drive, or maybe you’re mixing it with alcohol, or maybe you did something wrong, or maybe you’re having an adverse reaction to the drug.

There are a million reasons why somebody could be using a drug that would cause him to be impaired. However, at the end of the day, you can be charged regardless as long as you’re driving when you should not be driving.

Other Substances That Can Lead to DUI

Generally, any type of illegal substance that causes someone to be impaired can trigger a DUI arrest and a criminal charge. Anything from illegally obtained prescription drugs to marijuana to even harder drugs like cocaine, heroin or methamphetamine.

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