Building a DUI Drug Defense in Montgomery County

When individuals are arrested for a drug driving under the influence (DUI) offense, they are facing serious consequences. There are multiple things Montgomery County authorities do to prove that a driver is impaired. They search the car for evidence of DUI. They write down any statements. If there were witnesses, they might take witness statements about their driving to say that it was erratic or unsafe as a way of proving the person was under the influence. They also might conduct a field sobriety test and blood test (BAC).

Those who have been charged with a driving under the influence offense should secure help from a diligent defense attorney. It is best to seek advice from a skilled DUI drug attorney who has experience handling driving under the influence cases. The attorney could provide you with assistance when building a DUI drug defense in Montgomery County.

Mistakes to Avoid in Drug DUI Cases

The biggest mistakes to avoid in drug DUI cases is to make statements to the officers about any narcotics usage. Those who have suspected of a drug DUI should avoid making statements about when or why they used the drugs. Their statements could be taken and used out of context to make the case against them. Any statements they make about driving or intoxication usually are recorded by the officers. They would be able to be convicted usually due to their own statements. Talking to the arresting officers about their drug use is a mistake, and they should wait and explain to their lawyer why they were taking drugs before driving.

Immediately following an arrest, individuals should speak to a skilled attorney so they can begin building a DUI drug defense.

Involuntary Intoxication As a Defense

Involuntary intoxication is only a defense in drug DUI cases if someone was drugged or did not know what they were taking. For instance, if someone thought they were drinking water, someone else had slipped something into their drink, and they were intoxicated. They would have the burden of proving this involuntary intoxication defense.

Also, drinking more than they are expected or the drink that they ingested was stronger than they expected is not a defense. There is zero tolerance for drugs unless it could be proven that the narcotic was involuntarily taken. It is the burden of the defendant’s attorney to prove they were involuntarily intoxicated.

If the driver did not know that the drug would impair them and it is an illicit or illegal substance, the prosecution would assert that they are still guilty of voluntary intoxication. The prosecution would have to prove their impairment. They would claim that the defendant should have reasonably known that it would impair their ability and that they would have had to take it voluntarily. They would have not just come across an illegal substance accidentally.

Factors That Could Affect A DUI Narcotics Case

There are certain factors and situation in which a driver’s impairment would be the result of a drug or alcohol interaction. If they are impaired by both drugs and alcohol, depending on the type of test they took, not every substance would show up. If they are impaired by drugs and alcohol, the breathalyzer test would only record the breath results from alcohol and would not record any drug information. If they are charged with DUI drugs and alcohol, the prosecutors could move forward on either charge. The defendant’s attorney would have to prepare to defend both charges simultaneously when building a DUI drug defense because either one alone would result in a conviction.

Laws Regarding the Refusal of Drug Tests

In Montgomery County, the refusal of these tests could result in a license suspension. However, it could be advantageous to their case because the person would not have scientific proof about their blood alcohol content level or what substance was in their bloodstream. Strategically, it could be a good decision to refuse the test. However, they would be facing mandatory license suspensions. Generally, the refusal would enhance the penalties and result in being charged DUI with a refusal.

How a DUI Drug Defense Attorney Could Help

There are many ways an experienced defense attorney could help an individual when they have been charged with a drug DUI. When building a DUI drug defense in Montgomery County, the defendant’s attorney would conduct their own investigation, collect evidence, and speak to witnesses. Let a knowledgeable attorney help you avoid the penalties of a conviction.

Schedule a consultation today.