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Being charged with driving under the influence (DUI) is never a positive experience. Still, some cases do more personal damage for the defendant than others. One of those instances is when the substance in question is something other than alcohol. Often, those charged with DUI with no alcohol involved can be accused of illegal drug offenses as well, with the DUI being filed as an additional violation. These can be complicated cases in some situations, but having reliable legal representation can often help lessen the penalties of a conviction in the outcome.
Physical Evidence in a Drug DUI
There is no definitive latency test for individuals accused of driving under the influence of drugs other than alcohol. Alcohol can be tested in a manner that is acceptable to the court measuring impairment. This means that law enforcement officers must request a blood test for additional corroborating evidence, requiring a signed warrant from a judge. Officers who fail to complete this request and attempt forcing compliance could be in violation of proper arrest protocol. However, refusing to take a blood test is still equivalent to refusing a breathalyzer, and additional charges may be applied. Possession of drugs can also be presented as corroborating evidence and establishing reasonable suspicion the defendant was using at the time.
Defending a Drug DUI
Defending against a DUI where no alcohol is involved is different from the standard DUI. When there is no actual medical evidence or possession charge, the primary testimony comes from the arresting officers. These statements can be contested, and an aggressive Rancho Cucamonga criminal defense attorney can question them both before or during a trial.
Mere possession of marijuana is legal in California for those over 21, and just because a defendant may have marijuana in the vehicle does not mean they are impaired. The same is true for legal drugs when the defendant has a prescription. Scenarios with minimal evidence such as these can often result in a reduced charge or even a dismissal.
Contact Newman & Allen for Any DUI Charge
If you are charged with a drug DUI, do not let it sit on your record. Contact an aggressive Rancho Cucamonga defense attorney to protect your rights and get your desired outcome. Newman & Allen accept calls 24/7, so you never have to worry about calling when arrested in the middle of the night.
Call (909) 328-6101 to get in touch with an attorney.