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 individualTesting 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.