Hello, Las Vegas! Today, we will discuss something serious – Drug DUI charges. DUI stands for “Driving Under the Influence,” and it’s a big concern for everyone on the road. Usually, when we hear “DUI,” we think about alcohol. But DUI laws also cover drugs, both illegal ones and legal ones like prescription medications.
A Drug DUI happens when someone drives a car while under the influence of drugs. This means that the drugs affect the person’s ability to drive safely. It’s like playing a video game with the TV screen all fuzzy. It’s dangerous and against the law.
A Drug DUI is a big deal. It’s as serious as a regular alcohol DUI and can have severe penalties. These can include fines (a lot of money you must pay), losing your driver’s license, and even going to jail.
Getting charged with a Drug DUI can be scary. But it’s important to stay calm and remember your rights. Here are a few steps to follow:
Like the seasoned professionals at The Rosenblum Allen Law Firm, a lawyer can help in many ways.
They can challenge the validity of the drug test you were given or argue that the police didn’t have a good reason to stop you in the first place. They can negotiate with the court to reduce your charges or even dismiss them.
Remember, a Drug DUI charge is serious, but it’s not the end of the world. With the right help and support, you can navigate the legal system and work towards a positive outcome.
Contact a trusted legal professional for guidance if you or someone you know is facing a Drug DUI charge.
When facing a Drug DUI charge, there are several defense strategies your attorney might use. Here are a few examples:
When you’re arrested for a Drug DUI, you’ll typically go through several steps in the legal process:
Remember, an experienced attorney can help guide you through these steps and advocate for your best interests.
In addition to the defenses mentioned earlier, there are a few more strategies your attorney might use:
Medical Conditions: Certain medical conditions can affect the results of field sobriety or drug tests. Conditions like neurological disorders, physical injuries, or even fatigue can cause poor performance on field sobriety tests. Diabetes can sometimes lead to false positives on breathalyzer tests due to the presence of acetone in the breath.
Improper Police Actions: If the police violated your rights at any point during the arrest, this could be used in your defense. For example, if they didn’t read you your Miranda rights or if they didn’t have probable cause for the traffic stop.
Evidence of Sobriety: If there’s evidence showing your sober behavior (like surveillance footage from a store you visited shortly before the arrest), this can also be used to challenge the charges.
Dealing with a Drug DUI charge can be complex and stressful, but with the help of a skilled attorney, you can navigate the legal process and work towards the best possible outcome. Always consult a legal professional for advice tailored to your situation.
Stay strong and informed, Las Vegas!
While both offenses involve impaired driving, a DUI typically refers to driving under the influence of alcohol, while a Drug DUI refers to driving under the influence of drugs. This can include illegal substances and legal medications if they impair your driving ability.
Yes, in many jurisdictions, the penalties for a Drug DUI are similar to those for an alcohol DUI. This can include fines, driver’s license suspension, mandatory drug education or treatment programs, probation, and even jail time.
Yes, in some cases, a Drug DUI charge can be dropped or reduced. This can happen if there’s insufficient evidence, if the evidence was obtained illegally, or as a result of plea bargaining. However, the specifics will depend on your case’s circumstances and your attorney’s strategies.
Laws vary by state, but in many places, when you get a driver’s license, you give “implied consent” for drug and alcohol testing if you’re suspected of impaired driving. Refusing to take a test can result in penalties, including immediate suspension of your driver’s license.
Any substance impairing your drive can lead to a Drug DUI. This includes illegal drugs like marijuana, cocaine, and methamphetamine, as well as legal substances like prescription medications and over-the-counter drugs if they impair driving.
Even if you have a prescription, you can still be charged with a Drug DUI if the drug impairs your ability to drive. However, having a valid prescription might affect your case’s outcome, depending on your jurisdiction’s laws and the specific circumstances of your case.
Look for an attorney specializing in DUI cases and specifically has experience with Drug DUIs. They should have a solid understanding of local laws, a strong track record, and exemplary client testimonials. For example, the Rosenblum Allen Law Firm has extensive experience in this area.
(Note: The answers to these questions are general and may not apply to your specific situation. Always consult with an attorney for advice tailored to your circumstances.)
Arraignment: This is the first court appearance a person makes after being arrested. The charges are read out, and the defendant enters a plea.
Defendant: The person who is being accused in a legal case.
Drug DUI: This refers to driving under the influence of illegal and legal drugs if they impair one’s ability to drive.
Field Sobriety Test: These are tests conducted by an officer at the scene to assess if a person is impaired. These can include balance and coordination exercises, like walking in a straight line.
Impairment: This refers to a reduction in one’s ability to perform tasks. In the context of a Drug DUI, it relates to the diminished ability to drive due to the influence of drugs.
Implied Consent: A legal concept that applies in many states, which means that by getting a driver’s license, you’ve agreed to submit to drug and alcohol testing if suspected of impaired driving.
Miranda Rights: A set of rights that police must inform you of when arrested. These include the right to remain silent and the right to an attorney.
Plea Bargaining: A negotiation process where the defendant and the prosecutor agree on a lesser charge or sentence in return for a guilty plea.
Probable Cause refers to reasonable grounds for searching, pressing a charge, etc. In the context of a DUI, an officer needs probable cause to pull you over.
Prosecutor: The legal representative who presents the case against a person in a criminal trial.
Sentencing: The process of declaring the punishment decided for an offender.
(Note: These general definitions may vary based on jurisdiction and specific context. Always consult with an attorney for advice tailored to your circumstances.)
Our lead attorney, Molly Rosenblum, Esq, has created these helpful resources for readers in need:
Please take a moment to explore these resources and gain a better understanding of your legal situation and options.
Here are some external resources that might help you further understand the complexities of DUI charges and their implications:
National Highway Traffic Safety Administration (NHTSA): Offers a plethora of resources on traffic safety and regulations, including information on impaired driving.
Centers for Disease Control and Prevention (CDC) – Impaired Driving: Provides comprehensive data and resources on impaired driving and its consequences.
Substance Abuse and Mental Health Services Administration (SAMHSA): Offers resources on substance abuse, including alcohol and drug abuse, which are often related to DUI charges.
American Bar Association (ABA) – Drunk and Impaired Driving: Provides legal perspective and resources on impaired driving.
Mothers Against Drunk Driving (MADD): A non-profit organization offering resources and support for victims of drunk driving, and advocating for stronger laws against impaired driving.
Please note that while these sites provide valuable information, they should not replace the advice of a qualified attorney. If you’re facing DUI charges, it’s crucial to consult with a legal professional who can provide advice tailored to your specific circumstances.
Watch this short video to take the next big step toward defending your rights against your felony charge.
Dear reader,
I want to extend my heartfelt thanks for taking the time to read through these resources.
Navigating the legal world can be overwhelming and complex, especially in matters as serious as DUI charges. I aim to provide you with as much knowledge and understanding as possible to navigate this challenging time better.
If you or a loved one is facing such charges, please know you’re not alone. I and the rest of the team at Rosenblum Law are here to stand by your side, provide the counsel you need, and fight for your rights.
Please reach out and schedule a free consultation with us. This conversation will allow us to understand your situation better and discuss potential strategies and steps forward.
Please don’t hesitate to call us at (702) 433-2889. We’re ready to listen, guide, and assist you in any way we can.
Again, thank you for your time, and I look forward to possibly working with you.
Best regards,
Molly Rosenblum, Esq.
The Rosenblum Allen Law Firm, serving Las Vegas, Henderson, Summerlin, North Las Vegas, Centennial Hills, Clark County, and Nye County, is the firm that individuals and businesses alike count on to handle their litigation.