Common DUI Drug Scenarios
Usually the DUI cases that involve drugs also involve alcohol. The DUI drugs charge is added on to the DUI alcohol and is charged as a combination. It is far less common to see a DUI involving drugs without alcohol for a couple of resons.
1. Possession of the illegal drug by ingestion usually carries a higher penalty than the DUI would; and
2. It is more difficult for the state to prove that the drug impaired your ability to drive.
One scenario where you will be charged with DUI drugs even without alcohol is in the case of prescription medications that impair your ability to safely drive. If you admit to the police that you have been taking the prescription medication you will be charged with DUI.
Another scenario when you may charged with a DUI drugs is if the police pull you over and smoke is billowing out of the windows. However, just because the police found drugs in your system does not mean the drugs impaired your ability to drive. This is especially true if the drug in your system is one that can stay in your system without impairment for a long period of time.
It is important to understand that all types of DUI cases can take a very long time to be resolved. I have had DUI cases that lasted 18 months from the time my client was arrested to when the case finally went to trial. Although the cases can last for a long time it is very important to hire an attorney as soon as possible.
Contact Block Law at (770)387-4LAW today to find out more information and to schedule a free consultation!
Now I am going to pull back the curtain to give you a glimpse into some of my mindset as I work on a DUI client’s case.
As an attorney one of the most difficult aspects of defending a DUI drugs charge is one that I can’t control. It is the negative attitude that judges and prosecutors have against people charged with a drug related DUI due to the seriousness of the allegations. My job is to immediately show the prosecutor and judge who you really are. Trying to reshape that opinion becomes very important and can really impact the final outcome of your case.
In my experience DUIs are prosecuted more often against people who are in better financial situations. I have far more clients that are regular everyday people than hardened criminals. I have also found that many DUI cases occur in the suburbs rather than in the city limits of Atlanta. In Cobb County, Cherokee County, Bartow County, or Floyd County there aren’t as many serious violent crimes as there are in Atlanta. The police in the suburbs aren’t as focused on murders, gang activity, or other serious crimes and therefore, have more resources to devote to DUI cases. The police patrolling where the hardened felons in Atlanta live have more serious things to worry about than DUI cases.
The biggest mistake that people make after getting arrested for DUI is waiting to haire a DUI attorney or not hiring a DUI attorney at all. DUI drug and drunk driving cases are some of the most complicated areas of the law. You need to stay on top of your case. An attorney will help you understand your rights. He will also tell you what your options are and what is the best way to proceed.