Building a Defense For Henrico County DUID Charges
DUI drug charges are extremely serious and treated as such by both prosecutors and judges in Henrico County. For this reason, it is imperative that if you are or someone you know is charged you consult with a Henrico County DUID lawyer as soon as possible so they can begin building a defense. The following is information on the various defenses that may be used and how the prosecutor must prove impairment. To learn more, call and schedule a consultation today.
Proving Impairment in a DUID
It is actually much harder to show impairment in a DUI case involving drugs than for one involving only alcohol. With an alcohol DUI, there is a presumption that for anything over .08 BAC an individual will be considered intoxicated. With drugs, there are certain standards by which they measure intoxication and impairment, however, these can fluctuate. These sorts of cases routinely result in the DUID attorney challenging some aspect of the results of the test.
Impact of Mixing Drugs and Alcohol
If there are a level of both drugs and alcohol in the defendant’s system, it will greatly affect how the case is handled. In cases like this—in particular where there is that mixture and if it is a mixture of illegal drugs—the prosecutors will be much more severe in pushing the case and the punishments can be more severe as a result of the level of impairment.There is no statutory requirement for this, but routinely when judges hear that there is a substantial mixture of drug and alcohol, they will take the position of prosecuting more severely and punishing more severely.
What if it Was a Prescription Drug With a Safe Amount of Alcohol?
In Henrico County, the mixture of any prescription drug with alcohol can result in a DUID charge. The main issue is still if the individual is impaired and if the ability to drive is impaired. Every individual has a responsibility to understand exactly what they are taking. If it is a prescription drug, people tend to follow the rules of that prescription. In most cases, prescriptions will require that an individual abstain from alcohol while taking the drug.
Unexpected Reactions to Drugs and Alcohol
There are cases where an individual is unaware of the interaction that a medication might have with alcohol. In such cases, a Henrico County DUI drug lawyer will typically try and provide documentation from a doctor and medical evidence showing that there was an unexpected side effect or an unexpected reaction to the drugs that resulted in the DUID charge.
The best way to mitigate these sorts of situations is to provide evidence from events or documentation from the individual or the doctor regarding the situation. This evidence could show the interaction between the drugs and the alcohol, and if there was an issue regarding an unexpected reaction to the drug.
