Portsmouth DUI Drug Lawyer

Most DUI cases are the result of alcohol intoxication. However, there are occasions when individuals get arrested for a drug-related DUI. Although drug DUI cases are rarer, the prosecution still takes these cases very seriously and works hard to convict defendants. If you have been arrested for a drug-related DUI, contact an accomplished DUI attorney. A Portsmouth DUI drug lawyer could review your case, inform you on your options, and assist you with building a defense.

Common Substances Leading to a Drug DUI Charge

Any type of substance, typically some sort of mind-alternating or chemical substance, can affect a person’s perception and ability to function. The most common substances leading to a drug DUI charge are prescription drugs, like painkillers. Doctors make sure to tell people not to operate a vehicle while taking these types of pills because it can affect the individual’s ability to drive. Also, if a person takes too much of a prescribed mood regulating medication, they can be considered under the influence. Most medications will have some sort of warning label to alert the person against excessive doses. Other common illegal substances seen in drug DUI cases are marijuana, cocaine, and ecstasy.

Law Enforcement Treatment of Marijuana

Law enforcement may tend to focus less on trying to determine if a person is under the influence of marijuana unless marijuana is in their possession. Then they would use that reason to suspect they are intoxicated. Driving while under the influence of marijuana is still considered to be a public safety risk. Therefore, the police are going to enforce laws against driving while under the influence of marijuana strictly. This is why it is important for arrested individuals to contact a Portsmouth DUI drug lawyer.

Prosecutor’s Burden of Proof

In a drug DUI case, the officers and the Commonwealth need to prove that the defendant was operating a vehicle under the influence of a legal or illegal substance. A Portsmouth DUI drug attorney will have the experience to challenge the state’s case. When a person is pulled over for suspicion of being under the influence of drugs, the officer is more reliant on a chemical analysis to show that there were drugs in the individual’s system. With an alcohol-related DUI, the driver can get convicted without any sort of chemical analysis. However, it is tougher to get a conviction without a chemical analysis for drugs. People just do not have the same understanding of drug use and how it impairs one’s ability to drive as they do with alcohol.

Build a Defense With a Portsmouth DUI Drug Attorney

There are several different arguments and defense strategies that could be used in DUI drug cases. If it is a valid prescription medication that the person is using and the amount in their system is consistent with the prescribed amount, then that will be a valid defense. Another strategy is if the person does not have anything illegal in their system and the officer is just speculating based on evidence found in the car. In this case, the defense can argue that their behavior was not due to the drugs and there is no evidence of drug usage and/or impairment. The Commonwealth bears the burden of proof and the Portsmouth DUI drug lawyer could build a valid defense to argue on behalf of the defendant.