While most DUI offenses involve alcohol, being accused of using any type of impairing substance behind the wheel could lead to substantial penalties. You could face charges if police believe you were driving while impaired by illegal drugs, prescription medication, or any other over the counter substance deemed a “drug.”
DUI cases involving drugs are often can prove more complicated for law enforcement officers than traditional DUI charges. It is more difficult for law enforcement officers to make a determination about how impaired someone is by a drug or medication on the side of the road than it is for alcohol. A skilled DUI attorney could help you fight back against these charges while protecting your reputation. Instead of pleading guilty or acting as your own attorney, you should discuss your situation with a Carrollton drug DUI lawyer.
Most DUI cases involve drivers who allegedly have a blood alcohol content (BAC) above the legal limit of 0.08%. The state may also pursue criminal charges in cases where the driver is alleged to be under the influence of drugs. However, proving guilt beyond a reasonable doubt in drug DUI cases can be much more complex.
Unlike measuring a person’s BAC, there is no straightforward way to measure the extent of a certain drug in a person’s bloodstream or determine how that drug is affecting their ability to drive. Furthermore, blood tests that may determine the presence of drugs sometimes deliver inconsistent results as it relates to the presence of drugs. This can make it difficult to use these blood tests as evidence of impairment.
Unfortunately, these issues can work against a person charged with a DUI on suspicion of drug impairment. For example, it could be challenging to explain to a jury that a chemical test reflecting the historical use of a certain drug does not prove that the drug was actually affecting a person’s system while driving. For instance, someone who routinely uses THC may typically have THC in their blood tests. A Carrollton drug DUI attorney could help develop a defense strategy that is both effective and easy for a jury to understand.
When a person is convicted of a DUI involving drugs, they face the same potential penalties as traditional alcohol DUIs. The law does not set out distinct penalties for drug or alcohol-based DUI charges.
Being arrested under suspicion of a DUI involving drugs is not the same as being convicted. Someone who is ultimately convicted of this offense can face an array of penalties, including:
Anyone facing drug DUI charges has the right to present a defense before a jury. With a strong defense strategy and support from legal counsel, it is often possible to win a not-guilty verdict at trial or even have the state dismiss charges in pre-trial negotiations. A Carrollton attorney could carefully evaluate all the facts of a drug DUI arrest to determine the best possible path forward.
If you have been accused of driving while under the influence of drugs, it is in your best interest to seek legal assistance as soon as possible. These cases are complicated, but the right attorney could help you maintain your freedom and protect your rights. Reach out to a Carrollton drug DUI lawyer right away to start building your defense.
J. Ryan Brown Law, LLC
J. Ryan Brown Law, LLC
