Proving Impairment in a DUI Drug Case in Summerville

In a DUI drug case, the prosecutor bears the burden of proving that the defendant was impaired when they got behind the wheel. There are several legal steps that the state must take when proving impairment in a DUI drug case in Summerville, many of which could be challenged by a knowledgeable attorney. A skilled DUI drug lawyer could explain to a defendant how impairment may be established in a case against them and help them construct a robust defense.

How Does the Prosecution Prove Drug Impairment?

During a driving under the influence (DUI) stop, an officer will do field sobriety tests on the side of the road to assess a person’s impairment. An officer’s camera will usually capture the individual’s driving and demeanor. The state could use camera footage to prove that a defendant is acting erratically, in addition to trying to find prescriptions and admissions from the defendant on scene.

One of the first things that a police officer will do when assessing DUI drug impairment is look for a prescription bottle. The officer will ask if the person is under the influence of drugs or alcohol and note the smell of marijuana or other types of drugs. There are certain tests that drug recognition experts say indicate the influence of drugs, although an attorney could challenge the use of these tests.

The main thing that a DUI officer or drug recognition officer is going to do is get a urine sample or blood sample from the hospital after the breathalyzer sample. Because a breathalyzer only tests for alcohol, the sample will be zeros only if the individual is under the influence of drugs only. A Summerville attorney well-versed in drug DUI cases could investigate the validity of this evidence and challenge its use in proving impairment.

Refusing a Breathalyzer

If a person refuses to take a breathalyzer test, they will have their license suspended. Appealing this suspension costs $200 and must be done within 30 days. A Summerville DUI attorney could help someone appeal this suspension.

Once an individual appeals the suspension, they can apply for a temporary alcohol license, which costs $100 and allows them to drive while the appeal is going on. If a DUI case goes to trial, the state could use the refusal to take the breathalyzer test against the defendant. While refusing to take a breathalyzer can have some negative consequences, it is usually better, in the long run, to refuse a test if there is a potential that the test will indicate intoxication.

Legal and Prescribed Drug Impairment in Summerville

State DUI laws do not distinguish between legal or illegal drugs. Ultimately, it comes down to the jury’s belief that the defendant’s ability to drive was or was not impaired.

Proving impairment is incredibly complex. It is immensely important that someone facing driving under the influence charges seeks counsel from a skilled local attorney, as they could prove to the jury that the person’s ability to drive was not impacted.

Speak to a Summerville Lawyer About Proving Impairment in a Drug DUI Case Today

If you face charges for a drug DUI, you may feel stressed and confused about how to move forward. Luckily, you do not have to face this process alone. A seasoned attorney could assess your case and work to establish a defense that protects your best interests. To learn more about proving impairment in a DUI drug case in Summerville, reach out to our office today.