28 Jul How are Drug and Alcohol DUI Cases different?
Drug DUI cases are different than alcohol DUI cases. The drug can be an illegal substance, a prescribed medication or even an over-the-counter medicine that could affect the nervous system, brain, or muscles of a person.
If you are arrested for a “Drug DUI” but there is no alcohol, the police officer should not take your license at the time of arrest. They should also not issue a pink sheet suspension notice and 30 day temporary license pending a suspension. That can only be done in alcohol violations. But for a Drug DUI, the suspension is the same as in an alcohol DUI.
Unlike ‘drunk driving’ cases involving alcohol, where the person’s BAC above .08 at the time of driving is considered DUI, there is no such number to determine driving under the influence of drugs. Instead, prosecution would consider the totality of the circumstances including the testimony of the arresting officer and the state’s experts regarding their observations.
It is illegal to drive under the influence of any drugs. Since the levels of impairment vary with the type of drug, the driving pattern, physical symptoms, field sobriety tests and appearance can play a larger role in determining whether someone is under the influence of drugs or not. If convicted of DUI of drugs, the penalties are the same as if the matter involved alcohol.
If you are arrested for a Drug DUI, you should consult a DUI defense attorney to help you review your case and help you resolve it.
To consult the top San Diego criminal defense lawyer or DUI lawyer, call the Law Offices of Kerry L. Armstrong for a FREE case evaluation at 619-234-2300 TODAY.