Due to the difficulty in proving the of “under the influence” element of the crime for drug DUI cases, there are a number of defenses available to an experienced drug DUI defense attorney that do not present themselves in driving under the influence of alcohol cases. Below is a list of these defenses:
- Arresting Officer Not Properly Trained As A “DRE”: In any criminal case, anytime you can discredit an police officer, it is a step in the right direction toward avoiding a conviction. This couldn’t be more true than in the case of a “drugged driving” case. As it turns out, recognition of drug intoxication symptoms require a “drug recognition expert” or “DRE.” This is an officer who is specially trained to identify the symptoms of many different drugs. Only a qualified DRE can testify about the symptoms of the drugs, and the resulting impairments. As it turns out, most often, the arresting officer in a drug DUI case is not a qualified or trained DRE. Therefore, an experience drug DUI lawyer, with the proper objections and argument, can not only discredit the officer, but also prevent the officer from testifying regarding the issue of impairment.
- Lack of Scientific Research: A major hurdle in the prosecution of drug DUI cases comes from a lack of scientific research to support the issue that a person may be “intoxicated” or “under the influence” of a particular drug. As it stands, science is currently unable to 1) equate an amount of a particular drug to an amount of impairment caused by that drug, and 2) identify individual tolerance to a particular drug. Thus, while the prosecution may be able to establish the presence of a particular drug, they often have a difficult time proving when that drug was ingested, how much was ingested and whether the drug caused impairment.
- Blood Test Results Can Be Insufficient: Unlike driving under the influence of alcohol cases where the most common chemical test administered is a breath test, a blood test is the most commonly administered chemical test in a drug DUI case. (sometimes a urine sample is obtained). This is because a breath test cannot detect the presence of drugs. If the officer suspects a person is under the influence of drugs, they will have that person submit to a blood test. While the blood test is the most accurate way of detecting the presence of drugs, they are, nonetheless, often insufficient is providing the details necessary to prove the “under the influence” element of the crime. For example, a blood test may be able to detect the presence of drugs but not identify which drug(s) was used, determine the amount of drugs used, determine when the drug was ingested and whether the presence of the drug was enough to cause impairment of one’s mental and physical capabilities. So, at the end of the day, an experience drug DUI attorney may be able to show that the only thing the blood test established was the mere presence of a drug and nothing more.
It should be mentioned that these defenses are in addition to other common defenses used in DUI cases. Theses particular defenses are very technical legal defense and truly require the experience of a qualified drug DUI defense lawyer to properly assert in your defense and maximize your chances of avoiding a conviction for a drug DUI offense.
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