Prince George’s County Drug DUI Arrests

Prince George’s County drug DUI arrests are a priority for law enforcement. Illegal narcotics, heroin, and opiates are becoming more and more of an epidemic. This is why the crackdown on drug-related DUIs has become more prevalent. The legalization and decriminalization of marijuana are creating more DUIs with marijuana. If you have been arrested for a drug DUI charge, consult with a dedicated drug DUI lawyer right away. An attorney could inform you of your options and help you with building a defense.

Drug DUI Similarities and Differences With Alcohol DUI Cases

Prince George’s County drug DUI arrests and subsequent criminal trials are similar to arrests and trials with an alcohol DUI. With drug DUI arrests, the state still needs to prove every element of the case and will call forth the arresting officer to testify as to what observations they made and what they concluded. The difference with alcohol DUI cases is that it does not require as much specific know-how as drug DUI cases do. A drug recognition expert requires a higher level of experience to be considered an expert. Also, many people do not understand or are not familiar with the effects of narcotics on the body.

The DUI stops for drug-related cases are not very different from standard DUI stops. For instance, if someone takes a preliminary breath test by the side of the road and the test results read 0.0 but the individual seems impaired according to the officer, then the officer calls a drug recognition expert. The drug recognition expert will do a proper assessment based on various factors.

State’s Burden of Poof

Proving that a driver was operating a vehicle while under the influence of drugs is not different from proving that a person was drunk. With DUI cases, the question is whether or not their normal condition has been impaired or substantially affected by a controlled substance or alcohol. The state must prove in drug DUI cases that the defendant was operating a motor vehicle while under the influence, affected, or with coordination compromised by a drug or another controlled substance.

Trend Toward Marijuana Legalization Impact on Case

There is a trend across the country towards marijuana legalization, however, this does not impact officers way of looking at drug DUI cases. Whether the drug is legal or not, a person may not drive under the influence of it. Prince George’s County drug DUI arrests are still a matter of whether the driver is under the influence or impaired.

Defense Strategies

One of the most common strategies used in legal defenses for someone accused of being impaired by drugs while driving includes building an argument against the blood test if there was one. An attorney could raise the issue of how recent the consumption of the drug was and when the test was conducted. Also, if there may be an alternative explanation as to why a certain factor is present, then the defense could challenge the opinion of the police officer to say that the drugs were not what caused the reactions or behaviors that the defendant was exhibiting. For more information about defense strategies for Prince George’s County drug DUI arrests, contact a seasoned defense attorney.