What Is The Most Common Scenario For Drug-Related DUI Cases?
Most of our drug related DUI cases involve a person who was also drinking. Drug-related, non-drinking DUIs are far less common.
When you do hundreds of DUI cases, you see far fewer cases about drugs than alcohol. Drugs may be construed as an add-on to the charge, of course.
The most difficult pure drug related DUI case would occur because of a prescription that was not meant for driving. In this case, the prescription explicitly says: “Do not operate a motor vehicle while you’re taking this.” If the person admits to the police that he’s taking prescription medication, he’ll be charged.
If the police pull over a car with smoke billowing out of the windows, this is an easy charge as well. However, simply finding drugs in someone’s system is a far cry from proving he was under the influence of those specific drugs on the night he was driving.
What are the Most Difficult Aspects of Drug-Related DUIs for an Attorney to Deal With?
From the perspective of the judge or prosecutor, the stigma in general is that the person had drugs in his possession or in his system. It’s an automatic strike against the client, in this case.
Therefore, trying to reshape the judge or the prosecutor’s mindset becomes difficult.
Is There Ever a Look Back Period For DUIs?
The look back period for a DUI is 5 years. Anything outside of the 5-year period is treated as a first-time DUI. However, first-time DUIs can result in up to a year in jail.
If you have a prior, even if it’s 5 years old, the judge could still look at that prior history and decide to punish you more harshly for this DUI, even though it’s considered a first-time offense.
What is the Biggest Mistake People Make After Getting Arrested for a Drug Related DUI?
Big mistakes include waiting to talk to somebody about it, ignoring it, and hoping it will go away. It’s not going to. The court date will come.
Anytime you’ve been arrested for anything, you need to get on top of it and make sure you understand what your rights are. Once you go and tell a legal professional the issues surrounding your case, he can advise you how best to proceed.
What Kind of People are Arrested on Drug Related DUI Charges? Are they All Criminals?
No. Many are professionals. I see more professionals than hardened criminals.
It seems that DUI is prosecuted more often against more affluent people. I don’t have much of an explanation for this.
However, most of these DUI cases are made in municipalities surrounding larger urban areas. Therefore, perhaps the police force have a quota or are more likely to be on the lookout for DUI because it’s the serious crime in their neighborhood. They don’t have as many hardened criminals to look out for.
The police who patrol places where more hardened criminals live have more things to worry about than DUI. Therefore, DUI is much more likely to affect a run-of-the-mill professional.
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