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DUI Drugs Defense Attorney

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 DUI drugs, Richard Wagner is an impeccable DUI drug lawyer.

DUID Attorney Richard Wagner knows how to successfully defend DUI drug charges. Southern California expects to see a rise in the number of drug-impaired driving cases that will be investigated and prosecuted by California law enforcement.

Question: Do drugs in your blood mean you are too impaired to drive?

Answer: Our Government says not necessarily. In a study written by Richard P. Compton, called “Field Evaluation of the Los Angeles Police Department Drug Detection Program,” sponsored by the National Highway Traffic Safety Administration aka “The LAPD 173 Study,” Compton found:

“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.” Page 15. 

Vehicle Code Section 23152(f) says it’s against the law for a person who is under the influence of any drug to drive a vehicle.

Vehicle Code Section 23152(g) says it’s unlawful for a person who is under the combined influence of any alcoholic beverage and drug to drive a vehicle.

The prosecutor must prove you were under the influence of a drug. This requires evidence the drug impaired your ability to drive.

Did your DUI drug case involve a DRE: Drug Recognition Expert?

A DRE is an officer trained to do the Drug Recognition Evaluation. NHTSA (National Highway Traffic Safety Administration) recommends that officers use a DRE on DUI drug cases. CHP also says a DRE should examine drivers suspected of driving under the influence of a drug.

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Note: Three early studies (including The LAPD 173 Study above) trying to “validate” the DRE protocol, all sponsored by NHTSA, could not conclude that the DRE protocol allows a DRE to predict whether a person is too impaired by a drug to drive.

In most cases even if there is a DRE involved, there could be flaws in the evidence:

Was the 12-Step Drug Recognition Evaluation procedure followed?

Many times a drug recognition expert is not involved in the DUI drug case, and/or the DRE fails to follow all 12 steps.  The 12-Steps are highly standardized – this means the DRE must give it the same way every time.

Was there a 90-second wait before starting the dark room exam?  Did the DRE examine your eyes in the 3 different light conditions? Room light, Near total darkness, and direct light.

Did you exhibit another form of impairment such as anxiety which can mimic drug impairment?

Were you involved in an accident? If so, did your head get injured? Or have you ever had a head injury?

What was the reason for the police contact?

Was drug paraphernalia found?

Was a sample of your blood taken? Who took it? Where was it stored?

DUI Marijuana

It is difficult to prove a link between a person’s THC blood concentration and performance impairing effects. The NHTSA concedes it is inadvisable to try to predict the effects of marijuana based on blood THC concentrations alone.

Richard P. Compton also wrote “Marijuana-Impaired Driving – A Report to Congress” sponsored by the National Highway Traffic Safety Administration (NHTSA) in 2017.

In this report Compton notes,

“in those studies that have been conducted (examining the relationship between THC blood levels and degree of impairment) the consistent finding is that the level of THC in the blood and the degree of impairment do not appear to be closely related.” Page 7.

An interesting finding from this research is that after smoking marijuana, subjects in most of the simulator and instrumented vehicle studies on marijuana and driving typically drive slower, follow other cars at greater distances, and take fewer risks than when sober. Page 12.

Delta-9 THC is the main psychoactive drug found in marijuana. Most of the psychoactive effects of cannabis are believed to come from Delta-9 THC. THC is metabolized into active 11-hydroxy-tetrahydrocannabinol (11-OH-THC). Your body then converts this metabolite into inactive 11-nor-9-carboxy-delta 9-tetrahydrocannabinol (THCCOOH).

Click Here for more information about Marijuana DUIs

DUI Methamphetamine

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.

DUI Cocaine

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

We live in a medicated society. This does not stop the prosecution of DUI Drug cases for prescription medication. DUI Drug Attorneys review Drug Screen evidence, such as Opiate Screens, which pick up drugs like Fentanyl or Hydrocodone (Vicodin), or Benzodiazepine Screens, which show Alprazolam (Xanax) or Diazepam (Valium). Drug Screens help DUI drug attorneys. They show whether any other drugs like Soma, Codeine, Ambien, Oxycodone, or metabolites are in the 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 prosecutor still must prove you were driving under the influence of the drug beyond a reasonable doubt. This means if there is a reasonable doubt your behavior was consistent with a medical condition, then you are not guilty.

DUI Morphine/Heroin

Morphine and heroin are white, crystalline powders. Heroin can be white to dark brown or even look like black tar, which is known as “black tar” heroin. The effects of morphine or heroin depend on the dose, how it is taken, and previous exposure.

Morphine is extracted from the seedpod of the poppy plant. The resin from the seedpod is used to make opium.

Morphine has an accepted medical use to relieve pain and for anesthesia.

There is no accepted medical use for heroin in the United States.

NHTSA – the federal government – says tolerance makes interpreting blood morphine concentrations extremely difficult.

Horizontal gaze nystagmus, vertical gaze nystagmus, and lack of convergence are not present.

If you have been arrested and charged with DUID, contact or call experienced DUI Drug Defense Attorney Richard Wagner now 714-721-4423 or 714-403-6317 for a FREE consultation.