Petersburg DUI Drug Lawyer
A Petersburg DUI drug lawyer is available to help you if you have been charged with a DUI involving drugs. The state needs to prove only two elements in every DUI regardless of whether or not it is a DUI drug or DUI alcohol. The state has to prove two elements. Element one is that a person is operating the vehicle and element two is that the person is under the influence of something while operating that vehicle.
However, in Virginia Code 18.2-266, it does enumerate some things that they have to prove—whether it be DUI alcohol or DUI drugs. In the subsection where it really talks about the drugs, a person wants to focus on they are under the influence of any narcotic drug or any self-administered intoxicant or drug whatsoever or any combination of such drugs to a degree that impairs their ability to drive or operate any motor vehicle, engine, or train safely. It involves any narcotics, any self-administered drug, anything that would impair a person’s ability to drive or operate a motor vehicle, engine, or train safely. A qualified lawyer understands how difficult the situation may be. They can try to ensure that the legal process goes as smooth as possible for you.
Strategies of Defense
If a person is going to have a trial on a DUI, whether it is DUI drugs or DUI alcohol, they want to challenge everything from the stop to the blood draw to the intoxication. A Petersburg DUI drug lawyer can challenge the purpose of the stop and if the stop was legal.
Was the stop made for an infraction of speeding, a failure to yield, or running a stop sign? Or was it a stop based on an investigation for DUI? Was there a legitimate reason to stop them in the first place? These are all questions one must consider.
Challenging Sobriety Tests
Challenging the sobriety test in a DUI drug case is a common tactic when building a defense. Was it conducted properly? Did somebody actually fail or is the officer fabricating the story or bolstering it a little bit in their favor? In a lot of these situations, they are looking at the totality of the circumstances test. An attorney can challenge the blood draw. They know what the steps are to properly taking, preserving, and sealing the blood and make sure that every step was followed.
An experienced Petersburg DUI drug attorney can also challenge the nexus between the driver and the intoxicant. It is not illegal to be drunk. It is not illegal to take medication. It is not illegal to take medication and drive. It is only illegal to be intoxicated on that medication while operating the motor vehicle. Even though a person took medication and they may have been intoxicated, it may have already dissipated from their system. All of those things need to be challenged when a person is in court when fighting a DUI drug case.
Contacting a Petersburg DUI Drug Lawyer
A Petersburg DUI drug lawyer can provide legal assistance, advice, and can act as a resource for you during the process of a DUI drug case. It is not easy, but they can try to ensure that it is as smooth as possible for you. Get reassurance today by calling a trusted attorney.
