It’s critical for all drivers to understand the laws about drugged driving. You can get That’s arrested for driving under the influence of any drug (DUID), even if your doctor prescribed it. Drugged driving accidents are expected to keep increasing because more and more states are legalizing the recreational use of marijuana.
A driver can be charged with a DUI if he or she is driving a vehicle with five or more active nanograms of active THC, a psychoactive ingredient in marijuana, in his or her blood. A police officer is also allowed to arrest a driver if he or she notices any impaired behavior.
There is an implied consent law in every state. If a police officer stops a driver and believes he or she is under the influence of drugs or alcohol, the officer is allowed to ask the driver to take a chemical test. If the driver says no to the request, his or her driver’s license may be suspended immediately. If the police officer wants a blood test, he or she must obtain a search warrant.
Police officers will look for signs of alcohol and marijuana use after making a traffic stop. They might also evaluate a driver for other drugs, like heroin, cocaine, methamphetamine, hydrocodone and over-the-counter drugs.
If a police officer has reason to believe that a driver is operating a vehicle while under the influence of drugs, he or she may call a law enforcement drug recognition expert (DRE) mto the scene. This expert possesses special training in identifying when a person is under the influence of drugs. However, a driver isn’t required to cooperate in being evaluated by this expert.
Just because there were drugs in your blood, doesn’t mean that you were under the influence when driving your car. There are several defenses available with a DUID charge. It’s important to consult with an experienced lawyer, like a criminal defense attorney Fairfax VA trusts, about your case as soon as possible. He or she can evaluate the factors in your case and determine the best possible defense. A skilled lawyer can protect your rights and help you have a peace of mind about your situation. When he or she asks you questions about your case during the initial consultation, make sure to answer honestly.
IThanks to our friends and contributors from Albo & Oblon, L.L.P. for their insight into drugged driving and criminal defense.