While most people associate DUI charges with drinking and driving, you can also be arrested for having drugs in your system while operating a vehicle. Drug DUI cases are unique in that they are not primarily based on your blood alcohol concentration at the time of your arrest.
If you are facing these charges, now is the time to explore your defense options. Our dedicated DUI defense attorneys can answer your questions and guide you through every step of the legal process. Reach out to a Butler County drug DUI lawyer today to get started.
In Pennsylvania, a drug-related DUI is treated just as seriously as an alcohol-based DUI, but it presents different challenges for prosecutors. To secure a conviction, the Commonwealth must prove that the driver was operating or in control of a vehicle while impaired to a degree that made it impossible to drive safely.
Unlike alcohol-related DUIs, where BAC levels are measured with breath or blood tests, drug DUIs often rely on blood tests and observations by arresting officers. There is also a special set of tests used by Drug Recognition Experts that can be presented as evidence of impairment at trial. However, there is no “legal limit” for most drugs, which can give your attorney an opening when building your defense.
It is also important to understand that you can be charged with a DUI even if you were taking a legal or prescribed drug. If a medication impairs your ability to drive safely, it can lead to criminal charges, even if you were following your doctor’s orders. Our Butler County drug DUI attorneys can assist you with fighting these charges regardless of the substance you allegedly used.
There are several potential defense strategies your Butler County attorney could rely on in your drug DUI case.
Most DUI cases stem from a traffic stop. If you were pulled over illegally, your criminal defense attorney could have any evidence collected by the police excluded at trial. The police must have reasonable suspicion that you have committed a traffic offense or some other crime before they can pull you over. If they stopped you unlawfully, your attorney can build your defense around this violation of your rights.
One of the biggest challenges prosecutors have in these cases is proving beyond a reasonable doubt that you were impaired. In fact, it can be difficult to show that you had any drugs in your system at all. Some substances, like marijuana, remain detectable for weeks despite their effects dissipating in a matter of hours. Other drugs might not be detectable outside of a few minutes after you ingested them. In the end, your attorney could focus on the lack of evidence that you were impaired.
There are strict rules on how blood, breath, or urine samples must be tested when determining whether an individual is impaired. If the police violate these rules, the results of any drug tests could be thrown out at trial.
If you have been charged with a drug-related DUI, contact our firm to begin working with defense counsel you can trust. Our team at Benjamin Levine Law, LLC is made up of former prosecutors, and we look forward to using our experience on your behalf. Contact a Butler County drug DUI lawyer today to learn more.