Norfolk DUI Drug Charges
In addition to alcohol, you can also face charges of driving under the influence if you are deemed to be driving under the influence of drugs. Below a Norfolk DUI lawyer discusses DUI drug charges, how they are proven, and what kind of drugs can lead to a DUI drug charge. Call today.
Can You Be Charged With DUI If Under the Influence of Drugs?
Yes, you can be charged with drug impairment DUIs. The way that you would be charged with that would be if there is any evidence that suggest that you’re under the influence, but the officer doesn’t think that it’s alcohol related. A lot of times, if this is the case, then instead of asking you to take a breathalyzer test, they will administer a blood test to you instead which can show if you had any types of drugs in your system.
Additionally, the penalties are the same for drugs as they would be for driving under the influence of alcohol.
Can You Be Charged With a DUID For Legal or Prescribed Drugs?
Yes. You can because even though the drugs themselves are not illegal, you’re not being charge with the drug. You’re being charged with driving under the influence and it’s unlawful for anyone to operate a vehicle while they’re under the influence because it’s still dangerous for them to be driving if they’re impaired in anyway at all.
Over the counter medications would be the same thing. It doesn’t matter as long as you’re driving under the influence because the definition is operating a motor vehicle while impaired.
The Biggest Mistakes to Avoid in a DUID Case
The biggest mistakes to avoid in drug DUI cases are related to what you said. Basically, they misunderstand that just because it’s illegal drug, it means that it’s okay. You can be charged even if the drugs are prescribed to you as long as you’re unable to drive and you’re impaired and if you’re under 21, it’s illegal to drive with any alcohol or drugs in your system at all.
How Police Determine Whether To Charge Someone With a DUI Drug Charge
If someone has any type of evidence to suggest that they’re under the influence, then this is what the officers are looking for. If someone has glassy eyes or if they just don’t seem to be very coherent or if they’re slurring, but there’s some reason to believe that it’s not due to alcohol, then this is when an officer will start the process to get a blood test in order to somebody for a DUI under the influence of drug.
How Authorities Test For The Presence Of Drugs
Authorities test for the presence of drugs by using a blood test instead of an alcohol test. You could refuse it, but a refusal is going to count against you. If you are trying to get a good deal, a lot of times, the refusal is what is going to hold you back because a refusal for the first time can result in a license suspension for a year that you will be eligible to get a restricted license on.
How Else Can Authorities Prove Drug Impairment?
They prove that you’re impaired by your actions and how you appear. For example, any evidence such as stumbling or slurring or glassy eyes or any odor of alcohol or if it’s drugs then if there is any drug present or in your vehicle something like that. Basically, all kinds of circumstantial evidence is going to go to prove that you were impaired. They also have field sobriety tests that they have you take on the scene which you can refuse, but if you take them, that evidence can and usually is used against you.
