DeKalb County DUI Drug Lawyer
People can get DUIs due to the influence of either alcohol or drugs. Any substance a person puts in their body that can impair their ability to drive a vehicle can lead to that person to get a DUI. The penalties associated with a drug DUI do not differ from those of an alcohol-related DUI. If you have been charged with a drug-related DUI, you should reach out to an accomplished DUI attorney right away. Let a DeKalb County DUI drug lawyer help you build a strong defense.
What Is the Difference Between Drug DUI and Alcohol DUI Cases?
Drug-related DUI cases can be more complicated than alcohol DUIs. Alcohol-related DUIs are more common, and it is much easier for law enforcement to tell if someone is drunk rather than under the influence of a drug.
Another difference between alcohol-related DUIs and drug DUIs is determining what category of drug the individual is under the influence of. In these cases, there are central nervous system depressants, stimulants, prescription drugs, and illegal drugs such as marijuana, cocaine, and heroin.
Drug DUI cases are also more technical cases because there is no traditional evidence. Most cops are trained to detect alcohol impairment but not drug recognition. Due to this, these cases are much more difficult for the government to prove unless there is overwhelming evidence to support impairment. The complexity of these cases is why it is crucial for a defendant to obtain a seasoned DUI drug lawyer in DeKalb County.
Prescription Drug Vs. Non-Prescription Drug DUI Charges
A person can be charged with drug-related DUI even when it involves legal or prescribed drugs if it impairs that person. If it impairs them, they can get arrested for DUI even if they followed the doctor’s advice. It is critical to understand that it is always illegal to drive while impaired.
Whether the drug is weed, cocaine, or alprazolam, an individual cannot legally be impaired and drive a vehicle. There may be a difference in how to prosecute a DUI that is caused by an illegal drug versus a drug that a doctor prescribed to the individual; however, the law does not distinguish between the two in terms of the DUI statute and penalties. For more information, contact a dedicated attorney.
Involuntary Intoxication in Drug DUI Cases
Involuntary intoxication a defense for a drug DUI, but it is not an affirmative defense, meaning that it is not something that can be brought to trial and bar prosecution. An example of involuntary intoxication is when a person is at a bar, someone slips GHB (gamma hydroxybutyrate) in their drink and they drive and get pulled over for a DUI.
The other situation is when a doctor prescribes Ambien, the person takes it, and wakes up in the ditch. DUI is what is referred to as general intent crime, meaning that they do not have to prove that a person had the intention of drinking and then drive. They have to prove the intention to drive, but if they cannot formulate that intention because of involuntary intoxication, then they might have a strong defense.
If a driver did not know the drug would impair them, the prosecution can assert that they were still guilty of voluntary intoxication. In a DUI case, the prosecutor does not have to prove that a person had knowledge that it would impair them or not. All they have to prove is a person’s actual and physical control of a moving vehicle under the influence of a drug to the extent they are a less capable driver. This is why defendants must reach out to a skilled DUI drug attorney in DeKalb County.
How a DeKalb County DUI Drug Attorney Could Help
Drug DUI cases are very technical, which is why defendants should seek the services of an accomplished criminal attorney. In a drug-related DUI case, there are many pieces at play. If you are facing charges, contact a DeKalb County drug DUI lawyer who could fight for you and help you understand your legal options.