Alpharetta DUI Drug Lawyer
If an individual is driving while under the influence of a legal or illegal drug, they could be charged with a DUI. There have been numerous DUIs where the person was taking their medication and was impaired due to the side effects of the drug.
If you are facing a drug-related DUI, you could be looking at significant penalties and other consequences. Therefore, you should obtain an Alpharetta DUI drug lawyer as soon as possible. A seasoned DUI attorney could fight for you and help you understand your legal options.
Drug DUI Penalties
The penalties associated with a drug DUI do not differ much from those of an alcohol-related offense. The one main difference is related to the driver’s license. If a person is found guilty of DUI drugs, they would not be eligible for early reinstatement or a work permit to drive. Other than that, all the provisions are the same. This means the defendant could be facing jail time and expensive fines. To fight against these penalties, individuals should seek the services of a DUI drug lawyer in Alpharetta.
Mistakes to Avoid Regarding Drug DUIs
If a person is stopped by the police, they do not have to answer questions about their medications. That is private confidential information. If a police officer asks, the person can politely decline to answer those questions. If they do choose to disclose that they are taking medication, it is likely that a police officer will ask them to perform a series of field sobriety tests on the roadside to determine if the medication is impairing their driving ability. Generally, a person is not required to submit to field sobriety tests. If the person does choose to submit to those tests, they just need to be aware that they are providing evidence against themselves that can be used to support a DUI drugs charge. For more information about the biggest mistakes to avoid regarding drug DUIs, contact a seasoned lawyer.
Involuntary intoxication is not recognized as a defense for a drug DUI in Georgia. What the defendant has to do is ask for jury nullification. In other words, a person cannot say that they did not know that the prescription drug would impair their ability because it is the person’s responsibility to be unimpaired when they drive. Now, for example, if someone slipped them a drug in a bar, that could constitute involuntary intoxication. However, this is a difficult defense to raise because the defendant would have to have supporting evidence, witnesses, and identification of the drug in the person’s system, so there would have to be a blood test involved.
Testing for the Presence of Drugs
Alpharetta authorities typically test for the presence of drugs with a blood test. The blood is drawn in a hospital or sometimes at the jail and then sent off to the Georgia Bureau of Investigations to be tested for alcohol and drug content.
It is important to note that there are no criminal penalties for refusing the test. If the person refuses a breath test, that is no longer admissible in Georgia courts. If an individual refuses a blood test, that can be admissible. If a person refuses to take a blood test, whether it is alcohol or drugs, they can expect to be served with a notice of a one-year driver’s license suspension for that refusal.
To prove that a driver is impaired, police can administer field sobriety tests on the roadside to determine if it is impacting a person’s balance or their ability to follow instructions. Some officers are qualified in Alpharetta as drug recognition experts, where they can come in and perform a series of tests to try and identify the category of drug, whether it is a stimulant, a depressant, or a narcotic analgesic.
An Alpharetta Drug DUI Attorney Could Help
It is important to contact an experienced Alpharetta drug DUI lawyer when facing these potential charges. An experienced DUI lawyer could investigate the charges, negotiate with the prosecutor, and prepare the case for trial. They can also generally advise the defendant along the way as to the steps that the individual can take better their position, including getting professional alcohol and drug evaluation, attending DUI school in advance, and performing community service. If you are facing charges, contact a drug DUI attorney in Alpharetta today.