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Most people associate driving under the influence (DUI) with operating a motor vehicle while impaired by alcohol. However, the law also bars driving while under the influence of drugs. This could be anything from recreational narcotics to prescribed medication.
Proving impairment in these cases comes with challenges, providing opportunities for a Tolleson drug DUI lawyer to build a strong defense. The experienced attorneys at Grand Canyon Law Group can listen to your situation and tailor a strategy to secure a positive outcome.
Many substances could bring about an impaired driving charge beyond alcohol. It is a crime to drive while impaired in any way by any substance. The drug does not even have to be illegal; prescription medication could result in an arrest if it led to the motorist’s impairment.
Substances that often lead to drug DUI charges include the following:
There are ways to test for evidence of these substances in a person’s bloodstream. However, these tests are not always accurate when determining if the use was recent or impairing. Anyone accused of a drug DUI in Tolleson should consult our local attorneys on their legal options for defending the case.
There are viable defenses to any criminal charge, and drug DUIs are no exception. These cases often provide strong options for a Tolleson lawyer to take advantage of since proving impairment can be challenging for drug DUI charges. Our legal team could pursue any of the following defense strategies.
It is ultimately the state’s job to prove that the defendant was impaired beyond a reasonable doubt. This is a high burden, especially given the difficulty of proving impairment by drugs. Unlike with alcohol, there is no accurate test to establish the level of impairment for narcotics or marijuana. Even tests that show a substance is in a person’s system could be explained away by the circumstances. In many cases, our Tolleson drug DUI attorneys can argue that the state lacks any real proof.
Defense strategies in these cases often center on the constitutional rights of the accused. Specifically, some defenses focus on the legality of the traffic stop that resulted in the arrest.
The police cannot legally pull over drivers without a reason. If law enforcement makes a traffic stop without reasonable suspicion of a moving violation or other crime, that stop is unlawful. Our skilled Tolleson lawyers can work to have evidence from the DUI traffic stop—including evidence of drug use or an admission of guilt—excluded from trial.
One of the less common defense options is involuntary intoxication. This defense only applies in situations where a person unknowingly takes a controlled substance that impacts their ability to drive safely. This could include when someone is unknowingly drugged against their will.
When you face criminal charges, relying on the guidance of experienced legal counsel is important. You only put yourself at greater risk of conviction by acting as your own attorney. You have the right to a vigorous defense, and exercising that right is your best option following an arrest for drugged driving.
Let a Tolleson drug DUI lawyer at Grand Canyon Law Group help you beat these charges. Reach out to our firm today to get started.