Driving under the influence of drugs (DUID) is an extremely serious offense in California with many consequences that can affect your freedom, finances, and future ability to drive in the state. Unlike drunk driving cases, DUID cases can be much more complicated, as different types of drugs can affect each person differently. If you are facing these charges, a Lakewood DUID charges lawyer can step in to support your case and protect your rights.
At the Law Offices of Christopher J. McCann, APC, we understand the challenges that come with building strong defense strategies to combat DUID charges. We can work diligently to challenge assumptions about drug impairment and ensure that your rights are fully protected in the process. With a personalized approach to your case, we can aim to reduce the impact these charges and penalties have on you after the case closes.
It’s important to understand the different types of evidence that can be used to help both defendants and their attorneys build the strongest defense possible. Unlike alcohol-related DUIs, where a breathalyzer can provide a clear measure of someone’s intoxication, DUID cases rely on a host of different information, which can sometimes be ambiguous.
Some key pieces of evidence to consider collecting for your own case include:
Blood and urine tests are often used as forms of evidence in DUID cases, as they are able to detect the presence of drugs in someone’s system. Unlike a BAC test, which measures current impairment from alcohol, a drug test simply indicates that a substance is present but not necessarily impairing the driver at the time that they are pulled over. This is especially true for drugs like marijuana, which can stay detectable in someone’s system for days or weeks.
Field sobriety tests are commonly used by law enforcement to assess whether a driver is impaired after being pulled over. These tests can include balance exercises or asking the subject to follow a moving object with their eyes. These tests are often subjective and not a reliable indicator that someone was under the influence of drugs as a standalone piece of evidence. Factors such as medical conditions or nerves could affect a person’s performance.
It’s common for police officers to offer a testimony of what they observed during their interaction with the driver. For example, they might share that they saw the driver operating their vehicle erratically, had slurred speech, bloodshot eyes, or even had a specific smell, like marijuana. A Lakewood DUID Charges attorney could work to counter these observations by pointing out any alternative explanations that could cast a shadow of doubt on the prosecution’s case.
Video footage from dashboard cameras or body cameras worn by police officers can serve as valuable forms of evidence in DUID cases. It can provide a more objective view of how a driver behaved during a traffic stop. For example, it can show whether they were impaired, or if they were cooperative with law enforcement. A Lakewood DUID Charges Lawyer might choose to use this footage, for instance, to show that their client was behaving normally and following directions.
In cases where medications have been legally prescribed, it can be helpful to present your prescription records in court. This can help establish that the driver accused of being under the influence was directed to use certain drugs by a licensed healthcare practitioner. While the prescription alone won’t fully protect someone from DUID charges, it can be used to argue that they were legally permitted to have and use the drugs for certain purposes.
A: The total cost to hire a DUID lawyer in California will vary based on many different factors, including how long the attorney has been in practice and how complicated the case is. In straightforward cases where the prosecution does not have compelling enough evidence and their narrative is filled with uncertainties, a Lakewood DUID Charges Lawyer may require less time to resolve the case when compared to more nuanced allegations that require sifting through substantial evidence.
A: Yes, choosing to hire a DUID lawyer in California can be one of the most advantageous decisions you make to help you navigate complicated laws and increase your chances of reducing or dismissing your charges. Experienced DUID Charges Attorneys in Lakewood, CA understand local court procedures, which can be a huge advantage. They are also skilled negotiators, which can help you better achieve the outcome you desire through a plea bargain or live negotiations during trial.
A: If anyone chooses to refuse a DUID test in California, it can lead to serious consequences due to the state’s implied consent laws. All California driver’s license holders agree to submit to chemical testing if lawfully asked to as a condition of this privilege. If they refuse to comply, it can result in an automatic license suspension that could last up to one year. The prosecution can also use the fact that you refused a test as evidence to suggest you were impaired.
A: Yes, it is possible to have a DUID expunged in California under certain circumstances. When this happens, you are essentially allowed to withdraw a guilty plea and replace it with a non-guilty plea. This will dismiss the conviction and remove it from your record. This can be a huge help for people who are struggling with finding a job or housing opportunities with the DUID on their record. A Lakewood DUID Charges Lawyer can determine if you qualify for a DUID expungement.
If you have been charged with a DUID, please know that you do not have to navigate the complexities of California’s legal system alone. At the Law Offices of Christopher J. McCann, APC, we are ready to protect your rights and challenge the evidence against you. Contact us today to begin the process and learn more about how our Lakewood DUID Charges Attorney can help.
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