DUI Drugs Defense Attorney
DUI Drugs Defense Attorney Richard Wagner is the source for excellent, professional legal representation against DUI drug charges. If arrested and charged with a DUI drug case, Richard Wagner is an impeccable DUI drug lawyer who knows how to successfully defend your DUI drug charges. California expects to see a rise in the number of drug-impaired driving cases that will be investigated and prosecuted by statewide law enforcement entities.
Do drugs in the blood correctly classify people as drug impaired? Science says not necessarily.
“Low levels of drugs and metabolites are found in the body hours, or even, depending on the drug, impairing effects have ended. There is no way to determine objectively whether the suspects were actually too ‘impaired’ to drive safely. The fact that drugs were found in a suspect’s blood does not necessarily mean the suspect was too impaired to drive safely.” The LAPD 173 Study.
Vehicle Code Section 23152(f) It is unlawful for a person who is under the influence of any drug to drive a vehicle.
Vehicle Code Section 23152(g) It is unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.
Proving you were under the influence of a drug requires evidence that the drug impaired driving. Below is useful information about common DUI Drug (DUID) cases:
Marijuana refers to the leaves and flowering tops of the cannabis plant. THC is the major psychoactive ingredient of cannabis. Hashish consists of the THC-rich resinous secretions of the plant. It is difficult to establish a relationship between a person’s THC blood concentration and performance impairing effects. However, impairment is typically found in persons who have used Marijuana within three-to-six hours of a blood draw. NHTSA admits it is inadvisable to try to predict the effects of marijuana based on blood THC concentrations alone. Scientific studies have suggested marijuana has been shown to impair performance on driving. Some drivers, however, may actually improve performance for brief periods by overcompensating for self-perceived impairment.
Methamphetamine is a white, beige, or light brown crystalline powder, or clear chunky crystals. Methamphetamine is commonly referred to by such names as “speed,” “meth,” and “chalk” or “ice,” “crystal,” “glass,” and “tina.” Blood concentrations do not disclose when methamphetamine was consumed.
The presence of cocaine at a given blood concentration cannot usually be associated with a degree of impairment or a specific effect for a given individual without additional information. This is due to many factors, including individual levels of tolerance to the drug and changes in the cocaine concentrations while in storage.
DUI Prescription / Over-the-Counter Medication
DUI Drug Attorneys get evidence on Drug Screens, such as Opiate Screens, which pick-up drugs like Hydrocodone; or a Benzodiazepine Screen, which pick-up drugs like Xanax or Valium. Drug Screens assist your DUI drug attorney in determining whether any other drugs like Soma, Valium, Codeine, Ambien or their metabolites are present in the blood sample.
Drug Screens keep the defense a step ahead of the prosecution and better prepared for any surprises the district attorney may find in your blood sample. It’s no defense to DUI drugs that you had a prescription or otherwise legally used an over-the-counter, non-prescription drug.
However, the burden is on the prosecution to prove the prescription drugs actually caused you to be impaired for the purposes of driving. Drivers on prescription drugs are harder to convict.
If you have been arrested and charged with DUI drugs, contact or call experienced DUI Drug Defense Attorney Richard Wagner now 714-721-4423 for a FREE consultation.