Wicomico DUI Drug Lawyer
Driving while under the influence of drugs or some other narcotic or medications is the same charge as driving while under the influence of alcohol. The charge still carries up to one year in jail. The only difference is that the administrative sanctions against driving privileges can be different for a drug DUI in Wicomico County.
Someone can be charged with drug-related impairment even when it involves legal or prescribed drugs. There is no requirement that the drug is illegal–even alcohol is legal. The law states that you cannot drive while impaired or while under the influence, regardless of what may or may not be authorized or prescribed.
With these things in mind, the biggest mistake someone can make in a DUI drug case is not getting an experienced attorney right away. A Wicomico DUI drug attorney needs to look into the certifications of the officer and see whether the evidence is sufficient to support the charge. The requirements, procedures, and expertise are can be different alcohol-related DUI’s and drug-related DUI’s in Wicomico County.
Determining Impairment
Unlike alcohol, there is no standardized field sobriety test for drugs. Law enforcement officers can observe the individual, their reactions, the size of the pupils; things of that nature. Officers can ask to take a blood sample, but a person can refuse a blood test. Officers cannot draw blood without consent or an actual warrant, even if a person is unconscious.
Every part of the interaction with police, from start to finish, can be indicative of impairment. If there are inconsistencies or odd remarks in a conversation, such as if someone says they just got off work and then later says they are on their way to work, that might be used against the person in court.
Speech patterns might be off or someone might be mumbling your words. Their eyes could be bloodshot and glassy or their face could be flushed. Someone could be swaying on their feet or fumbling around – all of these things can be used as evidence.
The whole interaction can be indicative of a person being impaired, and all of that can be testified to and presented to a judge or jury. A Wicomico DUI drug lawyer can prevent or challenge as much of that information as possible.
Involuntary Intoxication
Involuntary intoxication, when someone does not know that they are consuming alcohol or drugs, is a possible defense that a Wicomico DUI drug attorney might present in court. It can apply when a person was inadvertently given alcohol or drugs not knowing it. If somebody said, “Could I have some aspirin because my head hurts,” and are given two pills of ecstasy and then start driving then that person cannot be held accountable because they didn’t intend to drive under the influence.
If somebody slipped a drug in someone’s drink, that was not voluntary intoxication. If somebody is at a family party and is handed fruit punch which they later learn had alcohol in it, then that could be a defense to involuntary intoxication as well so long as they didn’t know and had no reason to know or believe there was alcohol.
An individual is presumed to be able to know what they consumed. If someone says something like “There is a new medical drug out there that’s supposed to make your back feel better,” and then an individual takes it not realizing it will impair coordination, that is not going to be a defense. They voluntarily took the drug and if they had been responsible, they would have known what it was.