Defenses to DUI with Drug Charges

Consider the following forms of defense we could use to protect you from the law’s heavy hand:

• Chemical test error: A test to determine your blood alcohol concentration (BAC) level will not apply to a true DUI with drugs arrest, but they probably still conducted some sort of chemical test. If there is a single trace of an illegal controlled substance in the results, you can be charged. One defense is to challenge that result, as something that relies on an alleged quantity or test sample so slight cannot be dependable.
• No impairment: It is illegal for you to operate any vehicle while under the influence of any drug that could impair you. By showcasing that you were not impaired by the substance in question, illegal or otherwise, could clear up your DUI with drugs charges and have the case dismissed outright.
• Necessity: It is entirely possible – if not the most likely scenario – for you to need to take a prescription drug for your own health. Likewise, you probably need to drive somewhere to keep your job and earn an income. You should not be penalized when driving under the influence of a legal prescription or OTC medication is a necessity for your standard of living.
• Unlawful stoppage: There will always be a shadow of suspicion over any DUI case pertaining to why you were pulled over in the first place. Everyone with a valid driver’s license has the right to drive their automobiles on public roadways without interference. Police can only pull you over if they have reason to suspect you have committed a crime. If they do so without valid reason, your rights have been violated and anything resulting from the traffic stop may be inadmissible in court.
• Incorrect investigation: Collecting evidence is not a straightforward process. Permits, warrants, and proper procedures need to be followed by the police and investigators at all times. If they make a mistake, they must be held accountable and it must be allowed to be used to your advantage in court, if applicable.