According to the state law, drugs are any substance other than alcohol can affect the nerves, brain and muscular system of your body. You will be intoxicated under the influence of excessive drug abuse and it can disrupt your senses and hamper your eyesight. This will make you lose control on your driving. You will be charged because you will not behave like a sober person.
Driving under the Influence is not pardoned when
- You are driving having illicit substances like cocaine
- You are driving using prescribed drugs like vicodin
- You are driving after taking over the counter drugs like diphenhydramine, Tylenol
You may also be charged even if you have taken prescribed medical drugs. There are few medical drugs that can cause impairment of senses. These types of substances are mainly found in cough syrup, sleeping pills, depression pills and pills for hyper tension. However, the chemical formula may be different from each other. Therefore, you should always consult the doctor and inform him that you may have to drive. He can alter the drugs and give other medicines instead of it.
Investigation will be followed with Drug Recognition Examination (DRE), and it is conducted by an expert. They are well trained to detect all types of drug abuse. You are not allowed to drive, if you have the concentration of more than 0.08 percent in your blood. However, it is very difficult to prove the exact toxic level in your blood. That is the reason why it is difficult to prove the guilt or innocence of a person. Mostly your DUI lawyer will try to use this fact to defend the case in your favor.
Therefore, you must hire the best DUI defense attorney. An experienced practitioner can help you because he knows which tests and results can counteract the other performed tests. He can also help you out with your fine and other charges. Most important, he takes care of other things as well, so that the daily life is not hampered.
Penalties for DUI
DUI with drugs is usually a misdemeanor in some states, but only in the first attempt. However, it will be treated as a felony when:
- It will be your fourth or a subsequent DUI you have performed. The subsequent DUI may be within six months to two years
- You have committed one felony before as well
- You have damaged other person’s car, the road property or even when the other person gets injured from your driving
The penalties for the felony are same as the punishment given for drug or alcohol abuse. Moreover, it may become complicated, if you have also been charged with both fine and imprisonment for one year. The penalties may include:
- Fine that can range from 1800 dollars or more
- Probation period of five to six years
- Admission in DUI school of the state, you have to complete the entire course
- Suspension of driver’s license for more than six months. Additionally, some states can give you a modified driving license that will clearly state that you are under probation period.
Conclusion
The best lawyer can prove that you were driving recklessly and not under DUI. However, the process is long and you will not be charged with felony.