Such charges can be fought successfully, but you will need a lawyer’s expertise to make that happen.
Driving under the influence of drugs and alcohol is a big offense that all states take very seriously. As a general rule, it is best to avoid driving when you have consumed any types of controlled substances or have drunk alcohol.
But if you are caught driving under the influence, can you beat such an offense?
What Is a Controlled Substance DUI?
A controlled substance DUI is treated almost like a regular DUI, which you may know it for driving under the influence of alcohol. However, there is one key difference.
When the substance is alcohol, the courts use a measure called the Blood Alcohol Content (BAC) to define the lever of impartment the driver had while they were driving. In New York, for instance, if you have a BAC of 0.08%, you will be charged with a DUI.
But when it comes to drugs, there are no measures that show the level of intoxication. Any tests done on the driver can only show whether the substance is still in their system, not how much of it the driver has consumed. To determine the effects of the substance on the driver and their behavior, the courts will consider the police report of the officer who made the arrest.
Can You Fight It?
There are some ways to defend a DUI charge, but only for substances either prescribed or legal in the state. For illegal drug use, likely, the charges will not be dropped.
But for legal substances, it is possible to provide compelling explanations for driver behavior. For example, let’s assume you were charged with a DUI because you were taking medical marijuana to have a prescription. The officer may have noticed your behavior was slightly erratic and noted that the marijuana influence led to it.
During your defense, your lawyer may argue that your nervousness or even a pre-existing mental health issue such as anxiety was the reason you were slightly nervous. They may also provide evidence of a physical disability that explains the poor performance during the field sobriety test.
Since there is no way to determine the number of drugs in your systems, a lawyer could potentially make a compelling case in your favor and have the charges dropped, or at least reach a favorable plea agreement.
Contact Zuck Legal
If you have been charged with a DUI for controlled substances in New York or New Jersey, you must reach out to a lawyer as soon as possible. Such charges can be fought successfully, but you will need a lawyer’s expertise to make that happen.
Zuck Legal is happy to be of assistance. Contact our legal team today using this form or calling our office at (888) 628-8838 to find out more about our services and how we can help you.