New Kent Drug DUI Enforcement

Driving under the influence of drugs can result in a variety of serious penalties. As far as New Kent officers are concerned, drugs are a problem that they are constantly trying to crack down upon. Combining that with DUI, which, across the State of Virginia, all officers, all counties, and even jurisdictions are constantly cracking down on for the safety of the citizens. When a person combines the possession or use of the illegal drugs with the safety hazard presented by driving under the influence, they can be sure that officers and prosecutors alike will treat their cases with seriousness. With this in mind, it is important if you are accused that you take the enforcement of these laws into account and consult with a drug DUI lawyer in New Kent who can try their best to mitigate the damage.

Difference to Alcohol DUIs

The only major difference between enforcing driving under the influence of alcohol and driving under the influence of drugs charges is the intoxicant and the discovery of it. As far as officers are concerned, the only difference is the alcohol versus the drugs, and the determination of which someone is under the influence of.

However, that does not change the way in which the charge is charged and the seriousness of the matter. Officers are still going to attempt to see if they can pull people over and perform field sobriety tests, and if the police can determine that it is alcohol, a person will be arrested for a DUI. If they can determine that it is in fact drugs, a person will be arrested for a DUI.

They do not show leniency one way or the other in their enforcement of drug DUIs in New Kent and the prosecutors will prosecute a person to the fullest extent of the law. While there is a difference in the elements of the crime, there is not any difference in the way justice is going to be carried out from the perspective of the officer.

Enforcement of Marijuana

Marijuana cases are different from any and all regular drug cases and will be enforced differently than some other drugs with regards to DUI cases in New Kent. The possession of marijuana—simple possession of marijuana—is a class 1 misdemeanor while the possession of harder drugs—cocaine, schedule 1, schedule 2, PCP, heroin, those types of drugs—are class 5 felonies carrying up to 10 years in jail while a class 1 misdemeanor carries a maximum penalty of 12 months.

Furthermore, with possession of a marijuana, there are first offender programs and with the marijuana first offender program, there is only 24 hours of community service required. It is a six-month program and the maximum penalty on a first offense of marijuana is only 30 days in jail. While there is a first offender program for some of the harsher schedule 1 and schedule 2 drugs, that first offender program lasts a year and the requirements are a lot more rigorous in order to get those charge dismissed as well.

With marijuana in a DUID case, marijuana is a substance that is easier to detect than schedule 1 and schedule 2 substances, only because marijuana is much more prevalent. Officers have more training in the detection of marijuana. Marijuana has a stronger smell that makes it a recognizable smell that most officers will recognize and enforce heavily once detected in New Kent.