Richmond DUI Drug Charges
In Richmond, alcohol isn’t the only substance that can lead to a DUI charge as you can be charged with DUI for drug related impairment as well. Below a Richmond DUI Drug lawyer discusses these types of charges, how they differ from regular alcohol-related DUI charges and what substances can lead to this charge. To learn more call and schedule a consultation today.
Drugs That Can Lead to a DUID
You can be charged be charged for a DUID even if the you were prescribed the drug by a doctor or medical professional if it impairs your driving ability. Additionally, if taken in excess or against a doctor’s orders this issue can be raised at trial and used against you to obtain a conviction.
Over-the-counter medication can still have the same effect if you take it to a level that it impairs you and impairs your ability to drive. It is your responsibility not to operate the vehicle so you can be convicted for being under the influence of something like Benadryl.
Biggest Mistakes to Avoid in a DUID Case
The biggest mistake to avoid in a DUID case is to simply try and handle on your own or just show up in court with a note from your doctor saying you had a prescription. Having a prescription or showing that it was an over-the-counter drug is not a defense. It is your responsibility not to take a drug that will impair you or that if you impaired it’s your responsibility not to operate the vehicle so the courts have said that it’s your responsibility not to drive impaired.
For this reason, it is important to contact an experienced lawyer who can tell you what a viable defense is help minimize the harm of your charge.
Involuntary Intoxication As a Defense
Involuntary intoxication is a defense on a DUID charge if you can show that you had an adverse reaction to a prescription drug or unexpected reaction to a drug that caused your impairment, this can be raised as a defense. However, you would have to provide evidence and testimony from your doctor as to how you were affected you and how that effect was unexpected. If you were just not following the specific instructions on your prescription caused the impairment, it is your responsibility not to drive.
Tests in Drug DUI Cases
Law enforcement uses blood tests to test for drugs in DUI cases. They can use these tests either through your own consent or they can actually obtain a warrant to obtain your blood. You can attempt to refuse these tests for which you could be charged with refusal, however even if you refuse, an officer can obtain a warrant to take your blood.
Importance of Contacting a Criminal Lawyer
It’s important to contact an experienced DUID lawyer with these charges in Henrico because the defenses for a DUID charge are very technical which means you’re going to want someone that is experienced in reviewing these cases and in challenging these blood tests. With a blood test, the Commonwealth has to show procedurally that the blood was taken correctly and handled correctly. An experienced attorney will often look to challenge how the test were done, to challenge how the blood was handled and to challenge the results of those tests which can help your case.
To learn more about DUI drug charges, schedule a consultation today.
