When most people think of a DUI, they think of alcohol intoxication. Alcohol is just one of any number of substances that can impair one's ability to operate a motor vehicle. Driving under the influence of any drugs — including prescription medications legally prescribed by your doctor, as well as illegal drugs — can also result in drug DUI charges.
Drug DUI cases can and should be fought because it is difficult to prove what constitutes a “DUI” for drugs, since typically blood tests can't prove when you consumed a drug, merely that you had traces of it in your system. If there was a blood test, we can also contest whether or not your legal consent was properly given, whether a warrant was obtained, and whether the tests were conducted in a legally and medically proper way. We frequently file motions challenging the evidence of the prosecution, and if a judge agrees with our arguments, the evidence against you may be thrown out.
In order to be convicted of a drug DUI, the district attorney must prove, beyond a reasonable doubt, that you were impaired to such an extent that you lacked the “ability to drive with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.” We are skilled and experienced in facing drug DUI accusations head on and beating them.
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