So.. I got in a wreck the other day. I call the cops on myself, cause ya know, that's what you have to do. The wreck involved me hitting the curb onto this lady's fence. No other cars were involved. No one was hurt. Airbags did deploy. I'm still in the driver's seat when the cops pull up. As I get out, a syringe cap falls on the ground and the cop, approaching rather aggressively, just starts searching my car. He never asked, just did it. He even got in my face when I said "Hey what are you doing" The second officer said she thought I was messed up, but they're really going off the syringes. I was totally sober. I take Adderall and Suboxone. However, I did do meth a couple days prior but I was NOT messed up in anyway. I even told her. No sobriety tests were done. She went straight to blood test, which I consented. They let me go right after. What I don't get is that this female cop says "If i thought you were actually messed up, you wouldn't be walking out right now" and in my head I'm like "Then wtf are we doing here?!!?" Anyway, can I still get in trouble? I have all 5 PDF files involving this case. From dispatch to the Report Thoughts?
The answer is yes you can be charged for DUI for being under the influence of drugs. Based on what you are describing, the police may have certainly jumped to the conclusion that you were impaired even if you were not. Your toxicology results may be significant. This is not the type of case you should handle on your own. You definitely should seek out the assistance of an attorney. In your circumstances, you need a criminal defense attorney with specialized knowledge of drug impaired driving. Don’t just choose anyone.
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The definition of DUI provides that "under the influence" can be through the ingestion of alcohol or one or more drugs or a combination of alcohol and one or more drugs. Therefore, DUI does include instances in which a drug alone may cause the person to be "under the influence" or in the context of DWAI "impaired to the slightest degree."
The term "drugs" includes prescription drugs and or the various street drugs. As you may recall from several years ago, the drug Ambien became infamous because it actually causes some persons to "sleep drive" and there are many cases of such impairment (even a Simpsons episode). Unfortunately, Adderall in your blood could possibly support a conviction for DUI.
However, drug cases are much more difficult for the prosecution to prove than merely alcohol. With alcohol there is a legislative declaration that a certain BAC (.08 or higher) supports a conviction for DUI. There is no such number or legislative declaration so the prosecutor must prove beyond a reasonable doubt that the drug caused the driver to be "substantially incapable to operate a motor vehicle." This generally requires an expert witness to testify as to the drug's impact on the driver.
I would suggest that you retain a quality criminal or DUI attorney to assist you in this type of case.
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