Dedham OUI Drug Lawyer

Alcohol-based OUIs are a serious offense but many people do not realize that drug-based OUIs are an equally serious offense. If you have been charged with a drug-based OUI, you should speak with a Dedham OUI drug lawyer. A capable OUI attorney could devote the time and resources necessary to build a solid case for you.

Being Charged With a Drug OUI

If the police make an arrest and they smell marijuana or they see prescription drugs and they do not smell alcohol, then the next thing they are going to do is to look to see if the person is impaired by drugs. If they smell marijuana in the car, they are going to assume that the person is under the influence of marijuana and they are going to make an arrest.

Now, these cases are easier for a Dedham OUI drug lawyer to win because there is no test to determine how much marijuana someone has in their system. Field sobriety tests for OUI marijuana cases are often less reliable. It is difficult for the government to prove these charges because there has not been any field test designated for marijuana or for other drugs. Also, the government would need an expert to say when the drug was in the person's system and how it would affect them and, typically, they do not get expert testimony.

Can a Person Be Charged With a Drug OUI for Prescription Drugs?

Even if a person is taking a prescription drug, they still cannot drive unless it was involuntary and they did not anticipate the effect that the drug would have on them. If it is a legally-prescribed drug, it is going to be a more difficult charge for them to prove but it is still theoretically possible that they all say that the person should not have been on the road because they cannot be under the influence.

Now, if it is a prescribed drug, the prosecution still have to prove that the drug the person was under the influence of falls within the categories that are prohibited, that it is a depressant, narcotic, or stimulant, and if it is not one of the illegal drugs, it is going to make it more difficult for the government to meet that burden.

Involuntary Intoxication As a Defense

If the person did not know the impact that a medication would have on them, then they could present evidence that the intoxication was not voluntary, and if that were accepted by a judge or jury, then that would be a defense to the charge.

Mistakes to Avoid in OUI Drug Cases

The biggest mistake an individual can make in an OUI drug case is to assume that they cannot win the case. These cases are very technical in regards to the law and the government often cannot meet their burden of proof. It could be that the person felt they should not have been driving, but that is different than whether the prosecution can meet that burden of proof to prove that the person was impaired.

OUI charges for marijuana, prescription drugs, Xanax, Percocet, or other types of cases are hard to prove. Additionally, there is a possibility of getting a diversion on OUI drugs in which the person would do a program and the case would be dismissed. There is also a diversionary program for OUI drugs and alcohol for anyone in the military under what is called the Valor Act. A Dedham OUI drug lawyer could work diligently to help an individual

Testing for the Presence of Drugs in OUI Drug Cases

Authorities test for the presence of drugs based on their observations. They could make the person go to a hospital for a blood test, but, typically, they are going to find the drug that they think the person is under the influence of in the car on a search and then they will ask the person. So, their opinion is going to be based on admissions from the person and circumstantial evidence in terms of how the person acted and how they appeared.

Value of Working With a Dedham OUI Drug Attorney

Drug cases are very technical, so it is important to work with a Dedham OUI drug lawyer that really understands the law in these cases. The high standard on the government's burden of proof is essential to prove someone is guilty of a crime. It cannot be that they think they have might have been impaired. How a drug affects a person's body is very complicated and involves fields of pharmacology, stuff that is studied for years.

Officers go through maybe a week of training and claim to have the same expertise as a pharmacologist and attempt to give an opinion about impairment that they are simply not qualified to make. Sometimes, a DRE or so-called drug recognition expert officers are nothing but police officers who are performing a test that seems scientific but is really just a way to get the person to make more admissions and to confirm that they are under the influence. A qualified lawyer could do whatever it takes to ensure that you receive a fair trial. Work with a skilled OUI drug attorney that can advocate for you.

Client Reviews
★★★★★
Michael was very professional and explained the process clearly and told us to be patient. After one year the charges got dismissed in the trial. Excellent knowledge of the court systems in the area of Boston. Would highly recommend him
★★★★★
A careless decision on my part left me facing charges which would have severely hampered my ability to stay employed and support myself. But attorney DelSignore's skillful analysis and challenging of the evidence against me resulted in a conviction on a lesser charge. Now I'll be able to go on with my life, having learned a lesson I'll never forget. Thank you, Michael. Scott
★★★★★
Mike stuck with my case for 3.5 years and always kept me informed regarding the status. Ultimately, because of his due diligence, we ended up with an OUI not guilty verdict. This case could have gone many ways but his thorough review of the case and exceptional preparedness for trial ultimately drove a positive outcome. Thank you Mike! David
★★★★★
Michael DelSignore did an amazing job with my case! Either him or his partner Julie was always available to answer any questions I had and helped walked me through the entire process. I could not have done it without them! I highly recommend choosing this law firm to deal with your legal needs, you will not be dissatisfied. Ashley
★★★★★
I cannot express the gratitude towards both Michael and Julie for their amazing work and help. It was a very stressful event and they certainly put me at as much ease as possible. From start to finish it took 14 months and all the way through they were both very engaged with me. Today was worth the wait, Michael was great in court and I was rightfully found not guilty. I would recommend Michael and Julie over and over again. Claire
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