Unique Aspects of Drug DUI Cases in Delaware County

Driving under the influence (DUI) cases involving drugs could be complex, and a conviction could have serious consequences. Since there are many unique aspects of drug DUI cases in Delaware county, it is best to seek help from a knowledgeable attorney. A tenacious drug DUI attorney could ensure that your rights are protected and can help you build a case against the charges. Speak to a skilled lawyer to learn about your rights and the laws regarding DUI cases.

Testing for the Presence of Drugs

In Delaware County, if the police recover drugs, they may begin with a field test to check if the driver is dealing with cocaine, crack, or another substance. They would test the substances. For others, they will collect and test later, such as marijuana or pills. They could send those to a testing lab and have those scientifically tested for their chemical compounds.

Additionally, they will test the person to see if there is that same drug in their system. If no narcotics were found in a car or anywhere near the person, they would still test the driver to see if they are under the influence and will use that as direct evidence.

If there is a mixture in the person’s system of alcohol and drugs, then prosecutors may prosecute under the alcohol sub-section, or they could prosecute under the drug sub-section. They typically will charge a combination of these and then decide prior to or at trial which sub-section to move forward on. The drug statute for any amount of drugs in their system would lead to a DUI of the highest category, so the prosecutor will usually move forward with that sub-section unless they do not have sufficient proof to prove intoxication by drugs.

The Laws Regarding The Refusal Tests

There is a large group of case law around refusing to take a test. Refusing to take a test could be used against an individual in court. Particularly, it could be used to indicate that they were not taking the test because of a guilty conscience. That issue is being constantly challenged as the Fifth Amendment states that one’s refusal to incriminate themselves should not be used against them in court.

Defense attorneys constantly challenge the refusal part of the statute. A refusal will lead to a license suspension, and it can also place them in the highest category of DUI. It will place them in the top tier as if they were intoxicated by drugs or a high amount of alcohol if they refuse the test.

If a person refuses a test, then they would need proof that it actually impaired their driving, such as an accident or multiple lane weaving. They would also need some proof that that impaired driving was due to drugs, such as a statement by the defendant or finding actual drugs in the car. Often, if there is a refusal to take the test in a drug case, it makes it much harder for the prosecution to prove their case.

Process for Recovering a License

If a license is taken away for 12 months or more, then there are some applications that can be made for interlock to get the license back early. That is handled through Penn-DOT, and Penn-DOT has a lot of discretion regarding when to give a license back. Other than that, people typically must wait 12 months to get their license back. The criminal conviction stops them from driving for a while.

If they refuse the test, then Penn-DOT can take their license away for 12 months, even without a conviction. They can be innocent of DUI but have their license taken away for refusing the test, but people can also challenge the refusal. For example, if the person was never offered the test or they had another reason, such as a medical reason, for not taking the test, they could challenge the refusal.

Then, they can appeal the suspension letter and still request a challenge to that refusal. This is more difficult because the officers will usually say someone refused the test and have them sign a form, which is often proof that they refused.

Seek Help from a Delaware County Drug DUI Lawyer

It is important to contact an attorney because the drug DUI can lead to suspension of one’s rights to drive, to a criminal conviction, and can be more heavily prosecuted than an alcohol DUI. It has an even greater social stigma, so it requires a skilled DUI lawyer who is familiar with the drug laws in Pennsylvania as well as the DUI laws, as the two will interact and both be applicable to the person’s case.

Call today to learn about the unique aspects of drug DUI cases in Delaware county.