Fighting Against DUI Charges
Do The Police Think You Were Impaired By Drugs?
Driving under the influence of drugs (DUID) charges are similar to drunk driving charges, albeit with one major difference. Because there is no test similar to a Breathalyzer to determine the level of a driver’s intoxication, a driver may be charged with DUIDfor any amount of drugs in their system. While this can feel like a no-win situation, remember that you have rights and defenses under the law. It is important to seek help from an experienced lawyer who can help guide you through your case.
At The Law Offices of Marion M. Moses, LLC, our attorney has more than 18 years of criminal law experience, including time spent as a prosecutor. We know how the other side builds a case, and we use this knowledge to help you build a strong defense against criminal charges.
Challenging The Evidence And Protecting Your Rights
DUI is based on a blood or urine test, rather than a breath test. All that is required to be charged with driving under the influence of drugs is a trace amount of a controlled substance — street drugs like cocaine or marijuana, or even prescription drugs like Oxycontin or Xanax. Unlike alcohol, it is not possible to prove you were or weren’t intoxicated by drugs. The law presumes any amount is proof that you were “under the influence.”
So the defense may be different than it would be for drunk driving arrest. For example, what did the officer use as a basis for your arrest? Did the officer even have sufficient probable cause to make a traffic stop in the first place? If drugs or drug paraphernalia were found on the scene, did the officer have your consent or enough probable cause to search your vehicle or your person? Can we establish that the drugs entered your system days before the arrest instead of hours before the arrest?
We will ask these questions and more when it comes to establishing your defense. The penalties for a DUI with drugs charge are the same as those you would face for a DUI with alcohol charge, including heavy fines, the loss of your driver’s license and even jail time. With this much at stake, you need skilled legal counsel in your corner.