You can beat a DUI charge by identifying legal flaws or doubts about any key evidence required to convict under VC 23152. Inaccurate BAC breathalyzer tests, police errors, medical conditions, and dozens of DUI defenses can be used to fight a DUI and have DUI cases dismissed or charges reduced. Typically, a DUI charge related to the legal use of drugs or medications will be based on the driver's actual disability. In other words, the prosecution needs to prove that the driver was actually intoxicated by the medication or drug ingested. In most states, a minor disability is not enough; the prosecution must show that the driver reached the point of being less able to drive a vehicle safely.
However, in states like New York and Colorado, it's also illegal to drive even if you're mildly disabled. From the moment of arrest, the clock starts ticking. Officers must process you through the system and release you or bring you before a judge. If they don't do it correctly, you may be able to beat the case.
Another legal clock starts ticking after you have been prosecuted or informed of the charges against you, and you have pleaded not guilty. If you have been released on bail or under your own responsibility (O, R. A lot of times, the district attorney can't get your case together on time and they're forced to ask the judge to dismiss the charges. The prosecutor must be able to prove these two facts beyond a reasonable doubt.
To avoid prosecution, you or your lawyer will need to successfully challenge one or both of those two points. Prosecutors often use a DRE, which stands for Drug Recognition Expert. These are officers who have received specialized training in the detection of deterioration caused by drugs. To fight these types of cases, you need an attorney who has learned the procedures used by DRE.
Not all DUI lawyers have taken the time to gain the knowledge and experience to fight these types of cases. If you've been arrested for a prescription drug-related DUI, you need an experienced Savannah DUI lawyer. If the officer can't prove that you actually drove the vehicle while you were drunk, you'll have another tool handy to beat your DUI case. Other states, such as California, specifically point out that just because people have been prescribed or legally allowed to use a drug that caused their disability does not mean that they can use it as a defense in their DUI case.
Believe it or not, the use of prescription or over-the-counter medications can also lead to a DUI or DWI charge. Like a conviction for driving under the influence of alcohol, marijuana, or illegal drugs, a conviction for driving under the influence of alcohol, marijuana, or drugs will end with the automatic suspension of a driver's license for a minimum of 6 months to 2 years on average. Most driving under the influence (DUI) or drunk driving (DWI) charges stem from offenders using alcohol or illegal drugs before or while behind the wheel. When learning what to do to beat a DUI charge for drugs or controlled substances, the proven information you learn after reviewing the details of your arrest is an absolute must.
Drug DUI cases, as with all types of driving under the influence crime cases, are complicated due to the scientific and technical nature of the charges. But you can also get a DUI for driving a vehicle while under the influence of legal medications, including prescription and over-the-counter drugs. We will evaluate your case and help you understand some of the best ways to fight and beat your DUI charge. Even a first-time DUI drug arrest will have a serious and lasting effect on a person's life.
This knowledge can allow us to find mistakes made during arrest by police who were wrong in their assumption about the sobriety of a driver, or falsely accusing someone of a DUI because of a drug that they were not fully aware of how it works or that will affect a person while driving. But with prescription drug DUIs, several states offer additional defense for drivers accused of driving under the influence of alcohol. These consequences are also in addition to the standard fines and possible jail time that will be required with the conviction or conviction of the drug DUI offense itself. .