Do Divisionary Programs Exist For First Time DUI Offenders?
In Alabama, we don’t have cut and dry answers to these DUI questions. The law is not black and white; it’s grey. Therefore, you should talk to a lawyer about your case.
When you go to court, you shouldn’t assume anything about your case. After all, divisionary programs exist for drug-related DUI cases. Therefore, you have a chance.
For example, in Jefferson County, Alabama, if you are charged with DUI and possession of a controlled substance, they won’t release you from both charges. You’ll need to plead guilty on the DUI in order to go through the drug court program.
If you have a lawyer who can examine the case and find any weaknesses on the state’s side, you might receive a dismissal from the DUI. This is an incredibly important action that many people forget lawyers can do for your case.
Now, you can go into court without a lawyer and receive a plea agreement. When you look at the agreement without a lawyer, you might think you’re getting the charges dismissed. However, a lawyer can ensure that you understand the outcome and receive the very best outcome.
Down the road, when you’re applying for a job, you might think something was dismissed when it actually wasn’t. This happens all the time. People call us and state that the DUI is actually on their record, and they cannot do anything about it.
Therefore, you should hire a lawyer immediately when you’re charged with a crime. You must find the right lawyer and deal with the issue appropriately to remove the charge from your record.
Where Do Search and Seizure Issues Affect Drug Related DUIs?
A police officer can ask for permission to search your car. If you give it to them, then whatever they find will be used against you.
If you don’t give them permission, then they must have a reasonable suspicion or probable cause to look through your car. If you have a marijuana pipe on your dashboard in plain view, and they shine a flashlight in your backseat and see marijuana, they can search your car, especially in Alabama.
If they can’t see anything in the car, then they don’t have the right to start rummaging through your car. Many people don’t know everything they have in their car.
Therefore, it’s never advisable to just give an officer permission to search your vehicle. Often the police make the person feel like he’ll be in trouble if he doesn’t allow the police to search. If you don’t buckle under that pressure, you’re going to be better served in the long run.
How Does Probable Cause Apply to Drug-Related DUIs? How Do Officers Utilize Probable Cause in Drug-Related DUIs?
At the end of the day, a DUI is a DUI. In the case of driving under the influence, probable cause is garnered by getting you out of the car, having you do field sobriety tests, saying that they smell an odor of marijuana in the car, finding an open bottle of pills in the car, or finding residue of cocaine in the car.
If you have blood-shot eyes or slurred speech, they could ask you to do field sobriety tests. If that progresses and you don’t do well, they can garner enough probable cause to say that you’re under the influence.
They may think you’re under the influence of alcohol. However, if you don’t blow any alcohol in the breathalyzer, then their case becomes more difficult to prove.
They can attempt to get a warrant to draw your blood to test for marijuana or any illegal substance, even though science states the marijuana stays in your system for thirty days. SO, the question becomes, ‘how will they prove the marijuana in your system was what inhibited your ability to drive?’
This is when their case gets difficult. You need a lawyer in drug related DUI situations because you have so many legal arguments on your side. You can’t give up.
For more information on Diversionary Programs, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (205) 871-9990 today.
Get your questions answered - call us for your free, 20 min phone consultation (205) 871-9990