Every arrest is unique. An experienced DUID attorney can investigate the unique circumstances of your case and devise a strategic defense. Other common defenses that could come into play will depend on the nature of the arrest and the type of drug involved. For example, for some California drivers who use marijuana, a chemical test could show a positive result for marijuana in the driver’s blood from previous use, though the driver was not impaired at all when they were driving. Discrepancies like this are some of the most commonly used defenses against DUID charges. Other potential defenses could include the arresting officer’s lack of reasonable suspicion to stop the driver, the failure of the arresting officer to properly advise a suspect of their rights, the failure to properly obtain and/or store a chemical test sample, the inability to connect the level of a substance in one’s system to impaired driving, or the failure to arrange for a DRE evaluation of the suspect. A DUI lawyer will advise a client of their best available defenses in a DUID case.
The criteria to prove that an individual was driving under the influence of drugs includes proving that while an individual was driving, their ability to drive was impaired by drugs or a combination of drugs and alcohol. As there are no breathalyzers for drugs like there are for alcohol, urine and blood samples must be taken to test for drugs. It is important that law officers and hospitals comply with all California legal protocol during this process, as potential contamination, time sensitivity between arrest and testing, or degradation of samples may all affect the admissibility of evidence.
If you have been charged with DUID in California, it is crucial that you obtain the representation of an experienced DUID defense attorney right away. The success of the prosecution’s case depends heavily on the evidence against you. At CJM, our skilled and knowledgeable team will closely examine all of the evidence in your case and petition the court to exclude any evidence that was seized in violation of your rights or that has been compromised in any way. Our job is to weaken the case against you as much as possible, so the prosecution will not be able to prove their burden in court. Remember that you do not need to face these charges alone. Contact us today for a complimentary consultation.