Annapolis DUI Drug Cases
It is much more difficult for the state to get a conviction in a drug DUI case, absent a blood sample. There are more steps during the investigation stage and more that the state has to establish in a drug DUI case. An Annapolis DUI drug attorney is very experienced when it comes to building defenses for these cases.
This is still a serious offense, however, and just because it is harder to prove, does not mean that the prosecution will not try and convict an accused individual and impose life-altering penalties. An Annapolis DUI drug case will still require the utilization of quality legal representation.
Drug DUI Sobriety Tests
In a drug DUI case, if a drug recognition expert (DRE) is used, the 12 step process that she or he follows has to be done exactly the way that it is prescribed or the evidence collected from it can not be used in court.
The first step in the 12-step process is a breath test followed by an interview by the arresting officer. Next, the officer completes a preliminary examination, which includes taking an individual’s pulse and an eye examination. The officer then completes a divided attention test, which is similar to field sobriety tests in an alcohol related DUI stop.
After the divided attention test, the officer checks blood pressure, temperature, and pulse before completing a dark room examination, which requires examining pupil size and light reflection. Next, the officer exams muscle tone and checks for any injection sites then takes pulse for the third time.
At that time, the driver is given the Miranda rights and is asked questions by the officer. At that point, it is wise to use the right to remain silent. People often make the mistake of saying things that will hurt their Annapolis DUI drug case.
The DRE is then permitted to give an analysis, which is the DRE’s opinion on whether that individual is impaired. If the DRE believes that they are impaired, they try to categorize what drug caused the impairment. That can be supported or disproven with toxicology test results.
DUI and Marijuana
There are plenty of companies that are trying to invent a device that can detect the amount of marijuana within the blood of an individual, but none have succeeded yet. Some companies are attempting to create an intoximeter, which is the equivalent of a breathalyzer to detect drug impairment for marijuana.
For most drugs, however, the police will have to continue to rely on blood tests. In a DUI drug case in Annapolis, this will be a major piece of the prosecution’s evidence. There is no true way to take someone’s breath sample and determine whether they are under the influence of cocaine, crack cocaine, heroin, molly, or, prescription drugs.
It is important to remember that, even if a drug such as marijuana might be on the trend towards legalization, an individual can still get charged with DUI if impaired. Even for completely legal substances such as allergy medication, if impaired by it, then a DUI can still happen.
Mixing Drugs and Alcohol
Mixing drugs and alcohol will impact the way that a drug DUI case in Annapolis is prosecuted and defended. Depending on the drug, alcohol can make it much stronger. As a result, the symptoms could be more visible to the officer, which make it easier for the officer to obtain a warrant for a blood sample, despite the right of refusal.
Even on a first offense in a DUI case involving drugs in Annapolis, a person could put them-self in a precarious position to be jailed. Prosecutors may be less willing to negotiate and judges may sentence more harshly. While a defense attorney’s job is to get each client the best result possible, proof that a client was under the influence of both drugs and alcohol could make that more difficult.