DUI and Drug Possession

DUI and Drug Possession

Getting arrested for DUI or drug possession can be scary. The legal system is complicated, and the consequences can be severe. This article provides a helpful overview of DUI and drug possession laws and defenses in an easy-to-understand way.

DUI Laws

Driving under the influence (DUI) laws make it illegal to drive with a blood alcohol content (BAC) over a certain limit, which is commonly 0.08%. However, you can be arrested for DUI even if your BAC is under 0.08% if the officer believes your driving was impaired. DUI laws exist to keep the roads safe by deterring drunk driving, which kills thousands of people every year.

A DUI conviction can carry heavy punishments like jail time, fines, license suspension, and ignition interlock devices. Penalties get worse for repeat offenses. Even first-time DUIs can be charged as felonies with aggravated circumstances like a high BAC, an accident, or a child passenger.

Defense lawyers look for ways to fight DUI charges by challenging the reason for the traffic stop, the field sobriety tests, or the breathalyzer evidence. For example, breathalyzers have a margin of error and police must follow procedures when administering them. A good DUI defense attorney can often get charges reduced or dismissed.

Implied Consent Laws

An important DUI law is implied consent. This means that by driving, you automatically consent to breath, blood, or urine testing if you’re arrested for DUI. Refusing these tests leads to automatic license suspension and can be used against you in court.

Underage DUIs

For drivers under 21, most states make it illegal to drive with any amount of alcohol in the system. So even a 0.01% BAC can lead to a DUI conviction. These are called zero tolerance or underage DUI laws. The punishments are typically less severe than a regular DUI.

Drugged Driving Laws

Most states also have laws against driving under the influence of drugs (DUID). This means driving while impaired by illegal drugs or misusing prescription medications. Police can arrest you for DUID if they suspect drug impairment based on your driving, appearance, or field sobriety tests.

Common illegal drugs linked to DUID include marijuana, cocaine, methamphetamine, and heroin. However, even legal prescription drugs like painkillers or anxiety medications can lead to a DUID charge if you drive unsafely while under their influence.

As with DUI, a skilled drugged driving defense lawyer can often negotiate reduced charges or get charges dismissed by challenging the evidence of impairment. For example, blood tests may show drug traces but not actual impairment at the time of driving.

Drug Possession Laws

Illegal drug possession, even in small amounts, can lead to serious criminal charges. Possession laws make it illegal to knowingly have control of an illegal drug. The penalties depend on the type and amount of the drug.

Marijuana Possession

Many states have decriminalized small amounts of marijuana possession, making it a minor misdemeanor. But in some states, any amount can lead to huge fines and years in jail. Defenses against marijuana possession charges include arguing the drugs belonged to someone else or you did not know the substance was in your possession.

Cocaine, Meth, Heroin

Possession of drugs like cocaine, methamphetamine, and heroin is prosecuted much more aggressively. Even tiny amounts are felonies with multi-year prison sentences in most states. The penalties ratchet up sharply for larger quantities.

Defending against charges for hard drugs involves challenging whether the substance is actually an illegal drug, or arguing the drugs were not truly in your possession. This works best when the drugs were found in a car or home shared with others.

Prescription Drugs

It’s illegal to possess prescription medications without a valid prescription. Common charges involve painkillers, stimulants, anxiety drugs, and sleeping pills. It’s also illegal to possess prescription drugs that were prescribed to someone else. Defenses focus on showing you had a lawful prescription or did not knowingly possess the drugs.

Penalties for Drug Possession

Illegal drug possession penalties range from fines and probation for minor misdemeanors to multi-year prison sentences for large amounts. Penalties increase for repeat offenses. Key factors determining punishment include:

• Type of drug
• Amount of drug
• Intent to distribute
• Location (e.g. school zone)
• Other aggravating factors

Many states have diversion programs for first-time possession charges that allow you to avoid conviction through classes and probation. An experienced drug crimes lawyer can help negotiate reduced charges or diversion programs to minimize penalties.

Defenses Against Drug Charges

Several legal defenses may apply in fighting drug possession charges, including:

• Lack of possession – Argue the drugs belonged to someone else
• No knowledge – Claim you did not know about the drugs
• Illegal search – Challenge the legality of how the drugs were found
• Misidentified substance – Contest lab results identifying the seized substance
• Medical necessity – Assert you legally possessed drugs for a medical need

An experienced drug crimes attorney can evaluate the details of your case to craft the strongest defense strategy. This gives you the best chance at an acquittal or reduced charges.

Finding a Lawyer for DUI or Drug Charges

DUI and drug crimes carry life-altering punishments, so building the strongest legal defense is crucial. An experienced local attorney knows how prosecutors and judges handle these cases in your courthouse. Look for a lawyer with proven success winning dismissals or acquittals in DUI and drug cases.

Don’t take chances with public defenders or cheap lawyers. The stakes are too high. Find an attorney you trust and who makes you feel confident in the strategy for your case. Many lawyers offer free consultations, so take advantage to ask questions and discuss legal options.

With an experienced DUI and drug crimes lawyer on your side, you can rest assured knowing your case is in the absolute best hands. Smart defense wins cases!