Driving Under the Influence of Drugs
A common misconception about Scottsdale DUI law is that driving under the influence of drugs is treated less harshly than drunk driving. In reality, nothing could be further from the truth. Scottsdale DUI cases involving alcohol include charges which require the prosecution to prove a Blood Alcohol Concentration level (such as .15% for an Extreme
DUI). If you are charged with driving with drugs in your system, however, you can be convicted if any level of drugs or their metabolites are found in your blood or urine. This applies to substances such as marijuana, cocaine, ecstasy, and illegally obtained prescription medications. For this particular charge, the prosecution does not need to prove that you were driving under the influence of anything. The mere fact that the drugs were present is considered incriminating enough. An experienced Scottsdale Driving Under the Influence of Drugs attorney understands how to find vulnerabilities in the prosecution’s chemical testing practices and will put that knowledge to use when fighting your charges.
Additional Scottsdale DUI drug related charges can also be filed against you if it can be proven that you were impaired by the drugs at the time you were driving. Police Officers attempt to establish drug impairment by conducting a Drug Recognition Examination or “DRE”. Because this examination is voluntarily, administered by a non-medical professional and not subject to independent review, Scottsdale DUI Drugs Lawyer Joshua S. Davidson strongly recommends that you refuse to participate.
The National Highway Safety Traffic Administration “NHTSA” developed the standardized Drug Recognition Examination which is used by Scottsdale DUI officers. The exam consists of a battery of separate tests designed to determine whether or not a suspect is under the influence of drugs. The tests include some of the standardized field sobriety tests used with suspected drunk drivers as well as other procedures. If the officer who administers the tests omits a step or the driver has an underlying medical condition, the results of the examination can be attacked or dismissed by a skilled Scottsdale Driving Under the Influence of Drugs Attorney.
Driving Under the Influence of Drugs Representation
A Scottsdale lawyer like Joshua S. Davidson who is experienced and knowledgeable when it comes to DUI cases is absolutely essential when it comes to protecting your basic rights. Many DUI cases involving drugs are based on evidence acquired during field sobriety evaluations are Drug Recognition Examinations that are problematic at best. Most Scottsdale DUI officer have no formal medical training prior to receiving their DRE certification and their conclusions are scientifically questionable. Attorney Joshua S. Davison will work to make sure these and similar issues are properly investigated and addressed in your case. He will also investigate the validity of any blood or urine test results, determine whether any factors could have contributed to a false positive, and scrutinize the chain of custody linked to your particular test.