A person arrested for a controlled substance DUI or DUID charge, must understand what to do in ways how to beat a controlled substance DUI case just the same as if it were for alcohol. DUI offenses to most people bring to mind only alcohol, and when most people think about driving under the influence (DUI), they only consider alcohol as the contributing factor.
The fact is that many people charged with a DUI are really being charged with a controlled substance DUI-D of a prescription drug, and much of the same winning legal defenses that work to fight and dismiss charges will apply. This is especially the case when an arrest review finds that police did not have probable cause to stop a driver to begin with.
Many drivers make an honest mistake and get arrested for driving under the influence (DUI) while taking their legal prescription drugs. Most people unknowingly take prescription drugs or OTC medication, and don’t know a DUI charge and conviction can happen just as easily as for an alcohol or Marijuana DUI. Furthermore, in most first offense cases after any DUI or DWI even with prescription medicine, a driver can expect to have an ignition interlock device installed after a first DUI for six months or a mandatory license suspension will happen instead.
In the news: Driving While High Charge: What Happens?
- How Difficult Is It To Prove A Drug DUI?
- Can Legal Drug Use Lead To A DUI Charge?
- How A Free Review Of The Arrest Details Can Help
While alcohol is the most common of DUI-related arrests, that is generally because of its relative ease in proving to a court. However, controlled substance charges are often difficult to prove, therefore presenting a challenge for prosecutors. It is important to note under new DUI and DWI laws, most convicted first-time offenders will still have to pay the ignition interlock cost and install the device on any vehicle they drive.
An expert DUI/drug offense attorney works to help your acquittal on how to fight a controlled substance charge, using the inherent difficulties in proving a prescription drugs DUI to your advantage. More simply put, your lawyer can use the prosecution’s case against them. Contacting us to have your own arrest information reviewed online for free advice, will also provide you more helpful information of what to do with showing the best defenses for how to get out of a drug/medication DUI-D case in court.
How Difficult is it proving a controlled substance or Prescription Drug DUI-D?
A driving while high on pot or other drug charges are not easy cases in court for many prosecutors. A seasoned DUI attorney consistently and successfully has demonstrated that without the presence of alcohol, the state has a much more difficult time making a credible case for driving under the influence. This is because it is very difficult for them to prove that Marijuana (or whatever drug you are charged with being under the influence of) actually caused the or any impairment. While the legal alcohol limit provides an easy-to-use measuring system or matrix for DUI enforcement, drug DUI arrests are generally much more subjective as opposed to the more “objective” alcohol DUI cases.
Because of this, your DUI lawyer shows how to successfully argue that a wide range of different causes were at play combining to form the root of the impairment. This could and may include sickness, mental health problems, drowsiness, depression and any number of other natural and commonplace causes. The idea in any DUI court case is to create a crucial element of reasonable doubt in the minds of the jury members, and these cases usually provide ready defenses in achieving that goal.
After reviewing your arrest details, the skilled, competent, and seasoned DUI specialist attorneys are familiar with the various intricacies of controlled substance law and they know which defenses work best for each unique scenario. Using the free examination of your arrest we provide as a resource, can also prove to be of valuable assistance in combination with your legal counsel.
How Can Legal Drug Use Lead to a DUI?
It is important for every driver on the road to know how using legal drugs or prescription medicine can result in DUI or DWI charges, along with all the costs & penalties that will come with a conviction of the offense.
The majority of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) charges stem from offenders using alcohol or illegal drugs before or while they are behind the wheel. Believe it or not, the use of prescription drugs or over-the-counter medications can also lead to a DUI or DWI charge. Consider this: a woman takes an antidepressant and allergy medication before going to bed, which both cause drowsiness; when she wakes up, she has a headache and takes her prescription, which also causes drowsiness; she begins her commute to work, missing a changing red light, and runs the light.
A police officer turns on his lights and pulls the woman over. She apologizes for the mistake and lets the officer know she has taken medication. Immediately, the woman has admitted to driving under the influence of a drug, which is grounds for being charged with DUI or DWI depending on the state. There are some typical elements that can constitute a DUI charge:
- The individual operated a vehicle – i.e. he or she controlled the vehicle while it was in motion.
- While the individual operated a vehicle, he or she was intoxicated or under the influence – i.e. his or her ability to operate the vehicle safely was impaired to a considerable degree by either a drug, alcohol, or a combination of both.
While the language above is common in DUI and DWI laws in all 50 states, there is not one state who only punishes drivers under the influence of alcohol or illegal drugs. Someone who is impaired and driving due to the use of legal, over-the-counter or prescription drugs can also be convicted of these types of crimes and are also subject to the fines and penalties that other DUI offenders would also be subject to.
Some states, like Massachusetts, also outline the possible drugs that can cause impairment in drivers in those states’ drinking and driving laws. These drugs can include, but are not limited to, depressants, narcotic drugs, or stimulant substances. Other states, like California, specifically note that just because individuals were prescribed or legally allowed to use a drug that caused their impairment does not mean they can use that as a defense in their DUI case.
Even a first-time offense DUI drug arrest will have a serious and lasting effect on a person’s life. Just like a conviction for driving under the influence of alcohol, Marijuana, or illegal drugs, a conviction for a DUI or DWI with drugs will end in a driver’s license getting automatically suspended for a minimum of 6 months to 2 year on average. In most states under what the strict new laws are, a person will also be required to have to get an Ignition Interlock device installed on any vehicle they will drive – even another car used for work. In cases when a license is suspended entirely, being without transportation can affect a person’s ability to hold a job while the conviction on a permanent criminal record will also make getting a new job much more difficult in the future. When a driver is a licensed professional, a DUI charge conviction can jeopardize being able to keep a professional license in that career field. These consequences are also all in addition to the standard fines and the possible jail time that will be required with the conviction or guilty plea to the drug DUI offense itself.
The local DUI & DWI lawyers who examine arrest details online with us for drivers who are charged with drug possession or driving under the influence of a controlled substance, are well-equipped in the nature of how prescription drugs can affect people, from Marijuana to cocaine and heroin, and legal prescription drugs such as Ambien or Vicodin. This knowledge can allow us to find mistakes made during the arrest by police who were wrong about their assumption about a driver’s sobriety, or falsely charge someone with a DUI because of a drug they were not fully aware of for how it works or will affect a person while driving. DUI by drug cases, as with all types of driving under the influence offense cases, are complicated due to the science and technical nature of the charges. Being successful at how to beat or get out of a drug DUI or DWI offense will often depend on the lawyer’s knowledge of the current law and the substance or medication involved, along with knowing how to use the new laws to the specific facts about each person’s unique arrest details. This is why it is crucial to not lose valuable time after an arrest for driving under the influence of drugs, and to get the proper DUI legal help online with us as soon as possible to establish the best defense and fight the charges for a dismissal.
How Can A Free Review Of My Arrest Details Help?
Once your arrest details are reviewed, probably the most important roles your DUI attorney will play is next focusing of the working toward the exclusion of certain pieces of evidence. Whether talking about a test, exploring ways how to fight urine test results or a blood test, there are proven methods available and used by skilled lawyers to have all kinds of evidence excluded from trial. Since there is often little more than those tests for the state to base its case on, the exclusion of the potential evidence from those tests is essential in your fight against the charges. After knowing the specifics of your arrest from reviewing your details, your DUI lawyer may be able to utilize legal tactics proving the inadmissibility of all or certain pieces of evidence, based upon faulty testing methods and other grounds if applicable based on your details.
When learning what to do in how to beat a drug or controlled substance DUI charge, the proven information learned after your arrest details are reviewed is an absolute necessity. Using a lawyer who exclusively specializes their practice in the DUI field along with getting your arrest details examined as soon as possible, will help your chances of success to dismiss your charges in court.
The prosecutors are well-equipped with money and time to spend trying your case against you, and therefore you should also be utilizing all of the best resources available to help clear the pending controlled substance DUI-related case against you. You can get started today by getting your arrest circumstances analyzed free through our website, and get the answers you need promptly for the best DUI prescription drugs defense to win.
We will let you know today exactly how to fight DUI charge for prescription drugs, and use your best DUI prescription drugs defense to dismiss charges.
Controlled Substance DUI-D Defense – 2019 Additional Legal References: