An individual can be charged with a DUI for drug-related impairment if they have lost the normal use of their mental or physical faculties under the influence of drugs while behind the wheel. Even if it is a prescription drug, as long as it impairs someone’s driving abilities, one can still receive a DUI charge. While receiving this type of accusation may feel like an overwhelming situation, know that you do not have to face it alone.
A professional Midland DUI drug lawyer could offer you their assistance by gathering evidence, interviewing key witnesses, and creating a strong defense strategy on your behalf. Read on to learn more about how a skilled defense attorney could work to make a difference in your case today.
Potential Defense Strategies
It is difficult for the government or the state to prove a DUI drug case. While lab results may show that drugs were in an individual’s systems while they were driving, the prosecution still has to prove that these drugs truly affected a driver’s ability to safely operate a motor vehicle. For this reason, it is significant not to make any self-incriminating statements to law enforcement before consulting with a dedicated Midland DUI drug lawyer who can offer a defendant their protection.
One potential defense strategy a qualified Midland drug DUI lawyer could use involves involuntary intoxication. If an individual did not know the exact effects that a prescription drug would have on them because their doctor did not warn them ahead of time, they could use this type of defense. This can be particularly effective if a drug did not have the correct labeling regarding how it could affect someone behind the wheel. This defense could also qualify if an individual truly did not know they were given a drug by another individual. Contact an experienced defense lawyer to learn more.
Drug Tests by Law Enforcement
Law enforcement may test a driver for drug intoxication using several different methods. An officer could potentially use a DRE (drug recognition expert) while on the street, using a 13-step process carried out by a qualified officer. However, most tests are conducted using a sample of the driver’s blood. Law enforcement will obtain this sample through consent or by warrant.
After it goes to the lab, the lab will offer a report whose results will go directly to the officer who made the arrest. It is important to recognize that an individual does have the right to refuse a breath or blood test in the state of Texas. However, there are consequences that can follow this refusal such as the suspension of one’s driver’s license.
Value of a Skilled Midland DUI Drug Lawyer
It is significant to reach out to a weathered Midland DUI drug lawyer as soon as possible following a charge to help protect your rights in court. There are several elements that the prosecution has to prove in these types of cases, so it is important not to give up as soon as blood test comes back positive. A seasoned Midland DUI drug lawyer will examine the techniques that the officers used to determine whether or not they made a lawful arrest and will fight any holes that show up in their accusations. Consider reaching out to a skilled defense attorney today to schedule your initial consultation.