Typically, when someone thinks of DUI, they think of a person who has red, bloodshot, watery eyes, smells of alcohol, and just came out from the bar. In reality, however, persons are often operating motor vehicles unsafely under the influence of substances that do not include alcohol at all. These are much more difficult for officers to detect and prosecute, and therefore they are pursuing additional training in detecting this type of impairment.
For this reason, if you are facing DUI charges in Arlington resulting from drugs or other substances, it is very important to have a drug DUI attorney on your side to help you fight for your rights and freedom.
In addition to the common factors such as general impairment, lack of coordination, and lack of responsive answers, officers in Arlington are also looking for shaking, like a person who is too hot or too cold, anxious for no reason, or has an inability to focus, as well as certain characteristics that are observed in both the horizontal gaze nystagmus and vertical gaze nystagmus test.
Because of the increased abuse of drugs in Arlington County as well as the rest of the Commonwealth of Virginia, including illegal prescription drugs, these types of DUID investigations are on the rise. With that said, it is important to know that you can be arrested on suspicion of DUID and convicted for a DUID even if you have only legal prescription drugs that had been prescribed to you by a doctor. Just because you are taking your Xanax, anti-anxiety medication, or pain reliever that is prescribed by a doctor does not mean you cannot be found guilty of DUI when that prescribed medication impairs your ability to operate a motor vehicle safely.
If reasonable, articulable suspicion exists with a person’s initial encounter with law enforcement, and there is probable cause that they are driving a motor vehicle unsafely due to the voluntary intoxication of the drug, an individual can be prosecuted for DUID in Arlington County.
Typically, Arlington police officers are going to use their training experience, any admission or statements the person made, and the evidence they find in the person’s vehicle, such as pill bottles, drunk paraphernalia, or the like, to determine if they are driving under the influence. These factors also give them the ability to determine that the person is potentially driving under the influence of drugs instead of driving under the influence of alcohol.
Arlington DUI drug stops are similar to standard DUI stops in that the battery of tests and the instructions that are given for a DUID and a standard alcohol DUI are very similar. There is going to be similar field sobriety tests, similar questions, and similar attempts to make an observation by the officer. What is different, though, is the types of result the officers are looking for. In addition, if the officer makes the determination that there is probable cause for an arrest, in the DUID case, they will typically go for a blood test rather than a breath test.
In addition, just like DUI cases involving alcohol, DUID cases are a point of emphasis for law enforcement officers in Arlington. DUID drivers present a public safety concern and officers want to do whatever they can to make sure that the roads are safe for drivers and visitors.
Northern Virginia Criminal Defense Group
