Police officers can pull you over under suspicion of driving under the influence. Usually, this means they suspect alcohol has been consumed, but sometimes they think narcotics may be involved. The processes of Leesburg drug DUI tests can be quite confusing, but it is important to preserve your rights. A local drugs DUI lawyer may be able to help fight on your behalf if the police have obtained evidence illegally or improperly gathered. Contact an attorney today to learn more about your specific case.
Drug DUIs are investigated in ways very similar to alcohol DUIs with some noted exceptions. In a drug DUI case, the behaviors that might result in an arrest are important. They include:
The officer’s observations of the presence of drug paraphernalia, smells or odors, and statements about prior or current drug use are important to a potential arrest. The officer may try implementing field sobriety tests used for alcohol DUIs. In a drug DUI investigation, that includes the testing of fine motor skills, recall tests like the alphabet, and simple questions about what time it is, where are the individual is going, or where they had been.
Officers may also use a different test to see if there is a horizontal gaze nystagmus or HGN test that is used in alcohol cases. This is to observe involuntary eye movements when the eye reaches certain angles which can be signs of intoxication. In some instances, these tests give an indication of drug-based impairment. It is important to hire an experienced Leesburg DUI attorney who handles drug cases and is aware of the tricks officers may use to make an arrest decision based on the alleged presence of drugs.
When someone is arrested for suspicion of driving under the influence of alcohol or drugs, the implied consent law in Virginia infers that the individual shall submit to a blood or breath test. If there is no odor of alcohol, yet the person appears impaired, and the officer believes the person is under the influence of a drug, they may be arrested on suspicion of DUI. A breath test under that circumstance is irrelevant because the breath test only detects the presence of alcohol.
However, an officer may request a blood test. If the person refuses a blood test, they may be charged with unreasonable refusal. Refusal of that test is a civil violation punishable by 12 months and the loss of one’s driver’s license.
The individual may also be given a seven-day administrative license suspension immediately after the refusal. The officer may decide to go to the magistrate and request a search warrant to compel a blood test. These Leesburg DUI drug tests may be used against you in court, but a lawyer may be able to clarify for your specific case.
DUI charges are extremely serious. When one is charged with DUI and refusal or a DUI second or subsequent offense, that could change their life. It could result in jail time, high fines, and loss of driving privileges. The person may be required to take classes or be put on probation.
DUI drug cases are difficult to prosecute and a strong cross-examination of an officer and experienced cross-examination of the toxicologist can be helpful in defending DUI drug cases. Contact a Leesburg drug DUI Lawyer today for more information about your case. You have rights in a drug DUI case when they are making the initial arrest, all the way up to sentencing, and a seasoned attorney may be able to help guide you through.
Patrick Woolley Attorney At Law