Richmond DUI Drug Lawyer
The penalties are very similar, and in most cases, exactly the same as alcohol-related DUI charges. The only real difference is the minimum mandatory sentences, which apply to elevated blood alcohol levels, do not apply.
- Richmond DUI Drug Enforcement
- Difference Between Drug and Alcohol DUIs
- Building a Defense For DUI Drug Charges in Richmond
- Role of Expert Witnesses in DUID Cases
- Process of a Richmond DUI Drug Case
- Richmond DUI Drug Charge Basics
- Prescription Drug Charges
Advantages of a Richmond DUI Drug Lawyer
You’re going to want a DUID attorney who is experienced in handling and arguing these types of cases, but also in reviewing the evidence and making sure that the Commonwealth has complied with all procedural requirements under the law. Especially with DUID cases where the impairment is usually tested via a blood test, there are certain and specific procedures that they must follow in conducting these tests.
It can be an asset to have a Richmond drug DUI lawyer who can review the documentation to make sure law enforcement complied with these requirements because if they didn’t, we can challenge the results of the blood and possibly get the charge reduced or dismissed.
Legal and Prescribed Drugs in Richmond DUID Cases
You can be charged with DUID or a drug-related DUI even if the cause of your impairment is an over-the-counter or prescribed drugs. The key issue is whether you took them in an amount that impaired your ability to drive or you took them in a manner that was not ordered by a doctor. The key issue there for purposes of Virginia law is whether you knowingly took the drugs and if they impaired your ability to operate a motor vehicle.
The biggest mistake I see individuals do with DUID cases or drug related DUI cases is to attempt to try and handle them on their own by just showing up in court with a prescription.
Having a prescription doesn’t mean you were legally operating the vehicle at that time or that you were within the law. Under Virginia law, you cannot operate a motor vehicle while impaired, no matter the cause of that impairment.
Richmond DUIDs and Involuntary Intoxication
Involuntary intoxication can be a defense on a DUID case. This is only a defense if:
- You were unaware of the effects of the drugs
- You were drugged by someone
- Or your body had an adverse reaction that was not foreseen by the doctors.
This can be raised as a defense, however, it would be your burden to prove such an issue. This would require medical documentation or expert testimony from a doctor to support your position that the impairment was inadvertent. Consult with a Richmond DUI drug lawyer to learn more about the defenses that may be available in your case.
Drug Tests in Richmond Drug DUI Cases
With DUI drug cases, law enforcement will obtain a blood test either by your consent or by a search warrant. If you refuse it, the officer can charge you with refusal or can obtain a warrant to have blood drawn from you.
Besides the blood test, police can prove that you’re impaired by the following factors:
- Your behavior
- Your appearance
- How you were driving
- How you performed on their field test
For your field tests, the officer is going to observe not just your performance, but also your ability to follow instructions and communicate with the officer.
Contact a Richmond DUI Drug Lawyer Today
Schedule a free consultation with an experienced Richmond DUI drug lawyer who has handled drug-related DWI cases in the past. DUI cases are complex areas of law, and drug-related cases can be even more so, because of the testing required to demonstrate drug impairment. If you have any questions about your case, contact a drug DUI attorney in the Richmond area today.