Brunswick County Drug DUI Lawyer
An individual could be charged with driving under the influence of alcohol or drugs. When someone has a drug in their system, and the police have probable cause to believe they are under the influence of a controlled substance, they could be charged with a DUI and arrested.
A drug DUI and alcohol DUI carry the same potential penalties. While the particular penalties a person might face vary depending on the specific facts of the case, drug and alcohol DUIs are governed by the same case law. A defendant could face jail time, expensive fines, and a driver’s license suspension.
If you are facing a drug DUI charge, reach out to a seasoned DUI attorney today. Let a Brunswick County drug DUI lawyer advocate for you.
Drug DUI Charges Involving Legal or Prescribed Drugs
Even if someone has a legal prescription, they could be charged with a drug-related DUI if their prescription advises that they not drive while taking the prescription. One might also be charged with a DUI for having alcohol with their prescription when they only had a single drink because of the interaction of their prescription and alcohol, especially when their pharmacist warns against consuming alcohol while taking the prescription.
Over-the-counter medication could also lead to someone being charged with a drug-related DUI. There are specific warnings for certain over-the-counter medicines. Medicines like Benadryl can cause someone to be drowsy. Sometimes, the warnings state “Do not operate heavy machinery,” which includes a vehicle. Consuming a single drink could lead to a DUI even if someone is below the legal alcohol limit because of the interaction of the over-the-counter drug and alcohol. An individual facing charges should seek the services of a drug DUI lawyer in Brunswick County for help with building a defense.
How is Involuntary Intoxication a Defense for a Drug DUI?
The law only holds a person responsible for intoxicants they voluntarily administered to themselves. If someone else drugged their drink and the person is not aware of the fact, it is involuntary intoxication because they were not aware their drink was drugged. In this case, they cannot be held responsible for the fact that they are later intoxicated or under the influence of a drug they did not know was administered to them. They might still be arrested and charged. However, once it is demonstrated that the intoxication was involuntary, that may result in the charges being dismissed.
When someone voluntarily administers a drug to themselves, even if they do not believe the drug will impair them, the prosecution will seek a guilty verdict based on voluntary intoxication because the person voluntarily consumed the substance. In many instances, this is in the context of an over-the-counter or prescription drug.
It is not whether they took the substance with the intent of taking it safely or feeling intoxicated, it is the intent of whether or not they knew they were consuming the substance.
Proving Drug DUI Cases
Authorities in Brunswick County test for the presence of drugs primarily through a blood test. The blood test occurs after an arrest, usually following a search warrant.
Anyone who refuses to comply with chemical testing in Brunswick County faces a civil refusal charge. Civil refusal carries a penalty of losing one’s driver’s license for one year, during which they cannot get a restricted license. There is a full suspension of their driver’s license for one year. It is a civil penalty, not a criminal misdemeanor. However, because they lose their license fully for a year, it often feels like a criminal consequence.
Usually, when Brunswick County authorities suspect drug or alcohol impairment, they ask the driver to perform field sobriety tests which vary widely. Some are approved by the National Highway Transportation Safety Administration. Others are more subjective, but they are used in determining whether or not someone is arrested and often whether somebody is guilty of a DUI.
How a Brunswick County Drug DUI Attorney Could Help
An experienced DUI lawyer is familiar with successful defenses and strategies to help achieve those defenses. It is crucial to contact a Brunswick County drug DUI lawyer because they are the most familiar with the prosecutors, law enforcement, and courthouse personnel. Call today and set up a consultation with a well-versed legal professional.