New Kent Drug DUI Arrest
There are two crucial parts to how a New Kent drug DUI case is going to proceed. There is the arrest and then the subsequent trial. There are going to more similarities in the arrest process than differences when comparing driving under the influence of drugs versus driving under the influence of alcohol. It is important to understand the arrest process for both charges, but it is particularly crucial to know the less commonly recognized arrest process for a drug DUI in New Kent. If you have been arrested for a DUID in New Kent, it is essential that you contact an experienced drug DUI attorney to begin building your defense.
Investigation
These officers are going to first begin by looking at how that person is driving when determining whether to pull someone over in New Kent. The biggest indicator is weaving in the lane, swerving in and out of lanes, driving off the road, coming back on the road, or certain jerking movements of the vehicle. Those actions are going to lead to them being pulled over for a suspected DUI, whether it be DUID or DUIA.
At the step after the initial stop, the investigation is going to change there. As far as the officer, what they are going to be looking for in a DUI alcohol case is bloodshot eyes, slurred speech, red flushed cheeks on the face, and the smell of alcohol.
However, in a suspected DUI drug arrest in New Kent, they are not going to have that. While they are initially going to be looking for all those things, if those things are, in fact, not present, then the officer is going to continue to question and investigate the individuals in order to figure out what exactly is making this individual operate the vehicle in that manner. They are going to question whether a person is sleepy or drowsy, just a lousy driver, or something more.
Testing
The investigation may then move from alcohol to solely attempting to figure out what else may be happening to cause impairment. If anytime during that questioning, they think that there may be drugs involved, somebody admits they are taking drugs, says that they have a prescription, or whatever the case may be, then they would move to the field sobriety test.
While conducting the field sobriety test, they are just going to be looking for ways in which an individual seems like they cannot operate a motor vehicle, they cannot keep their balance, they cannot follow instructions, they cannot do more than one thing at once, and they cannot pass these tests.
Further Differences to an Alcohol DUI
Law enforcement in New Kent is using more of the totality of the circumstances approach when looking at a DUID. In a DUID, a person is not going to have the BAC option. It does not exist, because there is no alcohol involved, so blood testing will take longer in the process to determine impairment.
While they are doing all of these things, collecting all of this information, and trying to determine if they should arrest a person or not, usually, a DUI drug arrest in New Kent is going to take a little bit more time because there is a blood draw necessary.
With a DUI alcohol, if a person ends up blowing in the preliminary breath test and a person blows over a 0.08, then, at that time, there is automatic probable cause for an arrest. However, with a DUID, a person is not going to have that BAC. There is not going to be that automatic probable cause for the subsequent arrest. It is going to be the totality of that person’s circumstances. They are going to get every little thing in their investigation to determine if there is, in fact, a DUI happening. Once they do that, they will subsequently issue an arrest for the charge of a DUI in New Kent for whichever form of impairment they see fit.
After an Arrest
After a drug DUI arrest in New Kent, there is the next phase of a trial, in which a DUID will be difficult to prove, especially if there is no blood drawn. Prosecutors always look for a blood draw. There more witnesses involved because of all those individuals who are participating in the blood draw.
There are more elements for the Commonwealth to prove that extra step, draw the blood, and then show what, in fact, was in the blood. If so if the attorney and their client have something, there is no blood draw involved or if they cannot figure out what was in the blood but still believe that there was a DUID, then they have to have expert witnesses to come in and testify about the way that different drugs can affect a person’s body and how they would lead somebody to be impaired. Then, they can speak to how that would translate over to a person’s driving in order to prove a DUID.
