Summerville DUI Drug Lawyer

While a driving under the influence (DUI) charge commonly refers to drinking alcohol and driving, these charges can also involve drug use. Under state law, it is illegal for a person to drive a motor vehicle while under the influence of alcohol or drugs if their facilities to drive are materially and appreciably impaired.

Drug DUI charges can have significant penalties in the case of a conviction. Because of the severity of this offense, it is important that those facing charges reach out to a Summerville DUI drug lawyer as soon as possible. An experienced DUI attorney could investigate the facts of a case and build a robust defense in favor of the driver.

Drug vs. Alcohol DUI

Legally, there is little difference between a drug DUI and an alcohol-related DUI, meaning the associated penalties will be the same. The main difference is that with a drug DUI, the breathalyzer test, which measures alcohol levels, will show zeros. This means that it will be classified as the lowest level of DUI, which carries up to 30 days in jail, with a mandatory minimum of 48 hours for a first offense. A Summerville attorney could explain the penalties of a drug DUI charge in more detail given the unique facts of a defendant’s case.

Mistakes to Avoid in a Summerville Drug DUI Case

The biggest mistake individuals make in a drug DUI case is mistakenly giving the state evidence. Freely admitting to the officer on the scene, on camera, what kind of medications someone is taking is a huge misstep. This gives the state ammunition as to what type of drugs somebody may be under the influence of. Even admitting to using even legal drugs can give the officer evidence of a DUI. People also have the right to refuse sobriety tests, such as breathalyzers.

Another major misstep in a DUI case is failing to reach out to an attorney. Drivers may believe that they can handle the case on their own, but it is always wise to consult with a skilled lawyer as soon as possible after a drug DUI arrest. A local attorney could assess an individual’s situation and help them build a strong defense.

Defenses for Driving Under the Influence of Drugs

There are certain defenses that an attorney could use to keep an accused individual from facing the harshest consequences. A viable defense could persuade the prosecution to reduce or even drop charges and potentially keep a driver from losing their license.

Definition of Driving

Under state law, a person must be driving a vehicle to be convicted of a DUI. If the person was simply adjusting the radio, waiting in the car, or turning on the engine when they were arrested by law enforcement, a lawyer could use this as a defense in their DUI trial.

Involuntary and Voluntary Intoxication

Involuntary intoxication is a defense that can be applied if someone spikes a defendant’s drink or gives them drugs without their knowledge. Voluntary intoxication, on the other hand, is not a defense. If a person voluntarily takes medication, their defenses are limited.

If a driver took a drug they did not realize would impair them, this could be explained in court. In this instance, the defendant’s lawyer could have a doctor testify as an expert before the jury and explain that they prescribed the drug. This is not an outright defense, but it could be a reason for the defendant’s behavior.

Ultimately, a motorist is responsible for how they are driving on the road. While it is not illegal to take prescribed drugs, it could be illegal to take those drugs and drive if they can cause significant impairment. This does not necessarily mean that no defenses are available, so someone facing charges of this nature should always consult an attorney well-versed in drug DUI cases in Summerville to go over their legal options.

Reach Out to a Summerville Drug DUI Lawyer Today

If you are facing drug DUI charges, it is crucial to reach out to a dedicated attorney as soon as possible. A Summerville DUI drug lawyer has the necessary knowledge of local laws and could start gathering evidence right away to build a strategic defense. A lawyer could also appeal any license suspensions that you may be facing and work to get your life back on track. Call today to discuss your options with a legal professional.