Accused Of Driving Under The Influence Of Drugs?
At one time police only checked for blood or breath alcohol to issue a DWI. Today, drivers who are pulled over may be tested for prescription medicines or illegal drugs. The charge that may be leveled after blood or urine testing is called DWI drug or DUI drug.
The law holds drivers responsible for having any amount of a controlled substance, or that substance’s metabolites or biochemical breakdowns, in the body. Ordinary DWI cases are complex, but the complexity only increases in cases of driving while impaired by drugs.
Deficits Of Toxicology Testing And Other Defenses
Drug testing must usually be conducted in special labs in order for results to be admissible. Depending on the facts in a case, lab and other evidence may be excluded from the case. But to do this credibly requires significant understanding of toxicology test results for marijuana, heroin, methamphetamines, cocaine, hallucinogens and prescription drugs.
Besides the toxicology report and breath tests, the Drug Evaluation and Classification (DEC) recommends a battery of largely subjective tests to determine your level of impairment. These include:
- An interview and preliminary evaluation of your eyes and motor skills by the arresting officer
- Vital signs
- Dark room examinations
- Your muscle tone
- Evidence of injection
These checks may have been completed improperly. Defense attorney Bruce Rivers will seek to show that evidence against you was not gathered or compiled to the letter of the law. And he may show that the drug recognition experts, who are not doctors, may have misinterpreted a normal human response, like anxiety or fatigue, for one caused by drugs.
An Immediate Call May Make The Difference
Your freedom may depend on how soon you are able to call a DWI defense lawyer. Give Bruce Rivers a call at 612-915-0355 or send a message to get him started on building the strongest possible defense to defend your rights.