Facing DUI drug charges in Fairfax, Virginia? Below is information on potential defenses you can employ and what mistakes you should absolutly avoid when pulled over by police. For more information regarding DUI drug cases, call and schedule a consultation with a Fairfax Drug DUI lawyer.
Yes, you can still be convicted for a drug DUI in Fairfax if you are unable to operate a vehicle safely and cannot pass field sobriety tests even if it was a medication that was prescribed or purchased over the counter. Although, this can potentially be used as a mitigating circumstance in some cases, overall you can be charged with a drug DUI in this circumstance.
The biggest mistake in drug DUI cases is first of all is to take the field sobriety tests. Field sobriety tests are something that the officers will ask you to do. In any DUI case, drug or alcohol-related, you do not have to take those tests, and although Officers often frame it in such a way that makes you think that you have to take them you do not. And in fact, doing so, can only provide evidence of intoxication to a police officer. So, that’s a big mistake.
Additionally, thinking that the police will not be able to obtain your blood is a mistake. Police have a right to take your blood to determine whether drugs are in your system whether you consent or not. So, another common mistake is to think that the police will not be able to obtain your blood.
The last big mistake that is common is defendants making statements that come back to haunt them. Sometimes when people are pulled over they will try to talk to the officer or admit to having one drink or something like that. This is a big mistake, however, as these statements can then be used against you in court. As a result, it’s often a much better idea to simply not say anything and contact an attorney.
If you did not know the drug would impair you, that can be a form of involuntary intoxication. Involuntary intoxication can be a defense to DUI, however, it ultimately comes down to whether you knew what you were taking in will impair you.
If you’re still aware you’re impaired, the prosecutor might have a case to suggest that even if it’s still involuntary, you should not have been driving and they can convict you under this.
That can be a defense to a DUI charge. If you did not willingly take the drugs or if the drug you were taking unwillingly drug interacted with one another that can cause you to be intoxicated, those can be potential defenses to drug. So, they’re often hard to prove because it really comes down to your words which are difficult sometimes to discredit.
Some other ways a DUI drug lawyer in Fairfax can build a defense are by looking at the way the tests are conducted and for the reason behind the original stop. So if the reason you were stopped in the first place doesn’t make any sense, your case can potentially be dropped even if a blood test proves that you were under the influence.