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

Do drugs in blood mean you were impaired?  Not necessarily says our Government:

“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.” Compton, R. Field Evaluation of the Los Angeles Police Department Drug Detection Program, Page 15 (1986) National Highway Traffic Safety Administration aka The LAPD 173 Study. 

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 driving.

Did your DUI drug case involve a DRE: Drug Recognition Expert? Most cases even if there is a DRE involved, there are flaws in the evidence. 

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?

Was the 12-Step DRE 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. 

DUI Marijuana

It is difficult to prove a relationship 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. Government sponsored reports suggest marijuana has been shown to impair driving performance. However, some drivers actually improve performance for brief periods by overcompensating for self-perceived impairment. 

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. Compton, R. (2017, July). Marijuana-Impaired Driving – A Report to Congress, Page 12, National Highway Traffic Safety Administration. 

Field Sobriety Tests designed to detect drivers who are over the limit for alcohol do nothing in DUI Marijuana investigations. For one thing, there is no nystagmus with marijuana. 

Delta-9 THC is the active ingredient of marijuana. Most of the psychoactive effects of cannabis are believed to come from Delta-9 THC. Delta-9 Carboxy THC is the inactive metabolite of marijuana. 11-Hydroxy THC is the active metabolite of marijuana. It is currently impossible to predict specific effects based on 11 Hydroxy THC concentrations.

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 Hydrocodone; or a Benzodiazepine Screen, which pick-up drugs like Xanax or Valium. Drug Screens assist DUI drug attorneys 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 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 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.

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.