DUI Defense Drugs

DUI defense in drugs cases

Most driving under the influence (DUI) cases are commonly associated with alcohol. More and more DUI offenses have expanded to include drugs, with both prescription and illegal. Rhode Island currently prosecutes more individuals who drive while impaired by drugs than ever before. Whether you've been arrested, based on prescribed medication or illegal drugs, it's crucial to understand how to defend against these cases effectively. Attorney Michael Zarrella has been defending all types of DUI cases for years. With years of experience defending clients against DUI charges, Attorney Michael Zarrella is committed to providing you with the most strategic and effective defense to protect your rights, license and freedom. His track record of successful cases speaks for itself, and he is dedicated to securing the best possible outcome for every client he  represents. 

Understanding Drug DUI And Their Defences

DUI laws concerning drugs are broad, covering various substances, including but not limited to Medications like painkillers, sedatives, antidepressants, substances like marijuana, cocaine, methamphetamine, and heroin just to name a few.

Attorney Zarrella knows each of these drugs affects the body and mind differently, and their effects can be complicated to assess, making proving a drug-related DUI more difficult for the state. 

Problems for the State in Drug (DUI) Offenses 

1. Proof of Impairment: In DUI cases, the state or town must prove the driver was impaired at the time he or she was driving. Alcohol cases are typically done using blood alcohol concentration (BAC) tests such as a breathalyzer. However, for drugs, the standard becomes much more complex, as there is no universally accepted test for drug impairment. Just because you have drugs in your system does not mean it affects your ability to drive safely.
   
   

2. Field Sobriety Tests (FSTs): The FSTs are used by police officers to gauge whether a driver is impaired by alcohol. These tests assess a person's coordination, balance, and motor skills. While they can be used in drug-related DUI cases, they aren't always effective in proving impairment, particularly for drugs that don't exhibit the same immediate signs of impairment as alcohol.
   
   

3. Drug Recognition Expert (DRE): In many drug DUI cases, police may rely on a Drug Recognition Expert (DRE). DREs are trained officers who can evaluate a driver suspected of being under the influence of drugs. They conduct a series of evaluations to determine whether a person is impaired and which category of drugs might be involved. This is not always accurate and DRE experts are not doctors.
   
   

4. Blood and Urine Tests: There is no uniform standard for determining the level of impairment caused by drugs. While blood and urine tests can detect the presence of drugs, these tests cannot conclusively determine whether the driver was impaired at the time he or she was driving. This is a real issue for prosecutors, as the presence of a drug does not mean a person was impaired at the time they were driving. Marijanna that was smoked weeks ago, could still be in a driver's blood at the time of the stop. However, the marijanna will have no effect on the driver weeks later.
   
   

Attorney Zarrella knows the are many defenses in DUI drug cases

Defending a drug-related DUI case involves challenging the prosecution's evidence regarding the impairment of the driver. Below are some common strategies used in drug DUI defenses:

1. No Impairment at the Time of Driving

One of the primary defenses in drug DUI cases is that the driver was not impaired while driving. The defense might argue that while drugs were present in the person's system, they were not at a level that would affect driving ability. This is especially important in cases involving prescribed medications, where a person may have taken a drug that was legally prescribed to them but wasn't impaired at the time of the arrest or that drug does not lead to impairment at all.

2. Problems with the Drug Test

Blood and urine tests are often a key piece of evidence in drug-related DUI cases. However, these tests are not foolproof. There are numerous factors that can lead to errors, including improper handling of the sample, contamination, or faulty testing procedures. If the defense can demonstrate that there were issues with the way the test was conducted, this can help cast doubt on the accuracy of the results.

3. Challenging the Field Sobriety Tests

Field Sobriety Tests are often used as evidence to show impairment. These tests can be inaccurate, especially in cases involving drug impairment. Many factors such as medical conditions, stress, fatigue, or even poor weather conditions can affect the results of these tests. A good defense attorney will scrutinize the administration and interpretation of FSTs to highlight potential inaccuracies.

5. Lack of Clear Proof of Impairment

In drug-related DUI cases, the prosecution often struggles to provide concrete evidence of impairment. Unlike alcohol, where a clear numerical BAC level defines impairment, drugs don't have a universally accepted metric for impairment. In cases involving marijuana, for instance, a person might have THC in their system but may not show signs of impairment. If the prosecution cannot prove that the drug impaired the defendant at the time of driving, the defense can argue that there is insufficient evidence to secure a conviction.

6. Drug Recognition Expert Testimony

DREs are commonly used to evaluate impairment in drug-related DUI cases.  DRE evaluations are not perfect, and these experts may not always interpret the results accurately. A skilled defense attorney will challenge the conclusions drawn by the DRE, particularly if there is no solid evidence to support their findings. It's important to remember that DRE are not doctors and their expertise is limited. 

Hire, Michael Zarrella today

Defending a DUI case involving drugs requires a deep understanding of the science behind impairment, as well as an ability to scrutinize the evidence presented. Attorney Zarrella knows there is no simple test to determine drug impairment, which makes these cases more complex and difficult to prove. With an experienced attorney, such as Michael Zarrella, the evidence will be challenged and your DUI will be defended.

If you're facing a drug-related DUI charge, Call Attorney Zarrella now.  It is crucial to consult with Attorney Zarrella  who will help assess the case and explore all potential defense strategies available. Your rights, driving privileges and liberty may be on the line, and a knowledgeable attorney can make all the difference in the outcome of your case.