Competent & Professional DUI Defense You cannot afford to risk losing your freedom and legal rights.

Don't Bogart that Joint, my Friend...

The latest craze among law enforcement officers is detaining and arresting people for what is known as “drugged driving,” or operating a motor vehicle under the influence of either a controlled substance or a prohibited substance.

For simplicity’s sake, controlled substances are usually “good” drugs, such as Valium, Xanax, Percocet, and Ambien, the medications which are prescribed by medical doctors and which responsible, law abiding citizens are permitted to use responsibly. Prohibited substances are those controlled substances which are “bad” drugs, like Cannabis (marijuana), Cocaine, PCP (Angel Dust) and the other substances which are drugs of abuse and which have limited medical uses.

As a DUI defense lawyer, I have noticed that law enforcement officers (LEO) do not much care whether a person has lawfully ingested medication or in the alternative, has unlawfully used an illegal recreational drug. This means that law abiding citizens are often caught up in the legal net that used to be reserved for lawbreakers. What is going on?

I have personally had cases where a motorist stopped for an equipment violation has been forced to subject himself to invasive and painful blood and/or urine testing when a LEO has observed a bottle of blood pressure medication or when a motorist has admitted to taking anti-depressants which were prescribed by his physician. Drugs are drugs, it would seem, and the discretion to subject a motorist for testing is virtually unfettered, creating real issues of unlawful searches and seizures. The tragedy of this all is that citizens are being subjected to humiliating and unwarranted intrusions into their private affairs, have to incur expenses for lawyers and other experts, and may suffer the loss of their driver’s license or privilege.

The Field Sobriety Tests which are discussed in prior Blog entries were not designed to be used on individuals who are under the influence of, or who have lawfully been consuming, controlled substances. Further, the prohibited levels of “bad” drugs are sometimes set so low as to create a situation where someone with low, second hand levels of these chemicals in their blood or urine, may be found to be “impaired,” even where no impairment actually existed. By way of contrast, lawful users of “good” drugs have no guidelines to assist them (or the LEO) in determining what levels of medication may be unsafe to consume.

It is imperative that anyone who is arrested for Driving Under the Influence of drugs to immediately consult a competent DUI defense lawyer for information about defending against a charge of “drugged driving.” It is your freedom, and your future, which is at stake.