Lexington Drug DUI Lawyer

A person can be charged with a DUI for a drug-related impairment because DUI is not specifically limited to alcohol. Driving under the influence can absolutely be charged for someone who is under the influence of a legal prescription, medication, or illegal drugs as well. Many people do not realize that their legal prescriptions can result in them receiving a DUI, depending on how it affects them.

If you have been charged with driving under the influence of drugs, you should seek the services of an accomplished DUI attorney. A seasoned Lexington drug DUI lawyer could fight for you and possibly help you reach a favorable outcome to your case.

Drug DUI Penalties

The penalties associated with a drug DUI do not differ from those of an alcohol-related DUI. Both cases have the same penalties. A DUI encompasses both alcohol as well as drugs, and the penalties are the exact same unless there are other types of drug-related charges that come into play. For example, if the driver was also in the possession of drugs, they could also face a possession charge. An individual facing a drug DUI charge is looking at jail time, expensive fines, and a driver’s license suspension. A drug DUI offense could also lead to long-term repercussions that could impact the defendant’s personal and professional life. Therefore, they should contact a drug DUI lawyer in Lexington right away.

Drug Impairment Involving Legal Drugs

A person can be charged with a drug-related impairment offense even when it involves legal or prescribed drugs. This is because anything someone ingests that could impair their mental and physical ability could lead to a DUI charge. This even applies to an over-the-counter medication like Benadryl because it causes drowsiness.

Is Involuntary Intoxication a Defense?

Involuntary intoxication is a defense for a drug DUI because the person did not intentionally ingest it. Voluntary intoxication is not a defense if they intentionally took it. For a criminal charge, the case has to have what is called mens rea, which is the intent.

A person who involuntarily gets intoxicated and had no idea how it was going to affect them can put the individual in the situation where they had no clue, no control over it, and no specific intent.

Involuntary intoxication is a defense but if someone was just intoxicated, they were absolutely coherent when they started drinking and knew what they were doing and then became incoherent, that is not a defense.

Drug and Alcohol Interaction

In situations where a driver’s impairment is the result of drug or alcohol interaction, the charges depend on whether the officer is a drug recognition expert (DRE). If a person is a drug recognition expert, then they are in a position where there could be additional field sobriety tests performed, and they probably will try to get as much information as possible if the defendant was cooperating.

Navigating Drug Courts

Navigating the drug courts can be a complex process, but understanding the system can help alleviate some of the stress. Lexington drug courts aim to provide treatment and rehabilitation instead of traditional punitive measures for those facing drug-related charges. The process typically begins with an assessment to determine eligibility. If accepted, participants must adhere to a structured program that includes regular court appearances, drug testing, counseling, and educational sessions. Successful completion of the program can lead to reduced or dismissed charges, providing a second chance to rebuild one’s life.

The program’s procedures are governed by specific legal guidelines. For more detailed information, you can refer to the South Carolina Code of Laws. One diversionary program statute is Section 17-22-50, which outlines the Pre-Trial Intervention Program’s legal framework. 

Navigating this system effectively often requires the assistance of a knowledgeable Lexington drug lawyer who can guide you through each step, ensure compliance with all requirements, and advocate on your behalf for the best possible outcome. Always consult with a legal professional to understand your rights and options fully.

Call a Lexington Drug DUI Attorney Today

It is imperative for a defendant to reach out to a Lexington drug DUI lawyer as soon as possible. A local attorney knows all the players involved, they are familiar with the police officers, they know the prosecutors, and they know the judges. Having experience working with these people helps from a defense strategy standpoint and how to prepare for a trial.

If you are facing charges, call today and set up a consultation with a dedicated lawyer.