Gainesville DUI Attorney
ARE YOU INVOLVED IN A DRUG AND DUI CASE?
If you are arrested and charged with a DUI offense based on drug use, such as marijuana, it is very important that you contact a Gainesville DUI attorney. Law prohibits the consumption of any substance (recreational or pharmaceutical) that may affect your ability to operate a vehicle. If you are pulled over for DUI and the officer suspects drug use, you will be arrested and required to take a urine or blood test. If you refuse this test your license will be suspended for a least a year automatically. Even if you have a prescription for the drug in your system, you can still be charged with DUI if the drug has impaired your ability to drive.
DEFENDING DUI OF DRUGS
In the last couple of years alone, our firm has seen a dramatic rise in the numbers of DUI-drug arrests. The numbers of alcohol impaired drivers on the road has actually been decreasing due to anti-drinking and driving campaigns while the numbers of drivers under the influence of a legal or illegal drug has increased. Why is this? First off, our baby boomers are not only living longer than previous generations, but they are now growing older and in need of more medications to manage their health.
Another reason is because of the increase in frequency of people taking daily medications for a myriad of health conditions including ADHD, depression, anxiety and insomnia. It's only safe to assume that as the pool of medicated drivers grows, so would the susceptibility of these people being arrested for DUI-drugs.
In years past, alcohol was the reason why people were stopped and arrested for DUI. However, today the trends are changing. Not only are people being arrested for driving under the influence of illegal drugs, they are being arrested for driving under the influence of over-the-counter drugs and lawfully prescribed medications as well. Currently, police officers have a tremendous amount of discretion when assessing a driver's impairment from a drug or other substance. However, many times their conclusions are wrong.
This is a troubling development in law because there aren't any studies that quantify any illegal or legal drug use with driving impairment level. What's even further disturbing is that today's standardized field sobriety tests aren't designed to detect impairment from a drug to the extent that it affects a person's ability to drive.
Under the law, it's unlawful to drive with a blood alcohol content of .08% or greater. However, with drugs, there is no quantitative amount that creates a known level of impairment. Because these laws are still highly undeveloped, they actually work to the defense's advantage. DUI-drug cases are much harder for the prosecutor to prove and we are well aware of that fact.
The Law Offices of Richard S. Lawson has over 20 years of experience defending DUI cases. Our legal team will review your case and evaluate all the evidence against you to determine the best course of action.