Manassas DUI Drug Lawyer
If you are believed to be under the influence of drugs while operating a vehicle you may be charged with a DUID in Manassas, Below, a Manassas DUI lawyer discusses these charges, how they differ from alcohol related DUI charges, and what factors go into building a defense. To discuss your case, call and schedule a consultation with an attorney today.
How a Drug DUI Differs From An Alcohol Related DUI
There are a lot of similarities between an alcohol related DUI and a drug-related DUI considering they are both challenged in the same general way. For any DUI case, an attorney is going to look at the legality of the stop and whether the officer had a reasonable suspicion to stop the vehicle and then probable cause to place that person under arrest. However, in addition to these aspects, which will be found in any DUI case, a Manassas Drug DUI attorney will also look at the blood tests which are specific to DUID cases and ensure that everything was done properly.
Building a Defense For DUID Charges
Defenses for DUID cases can be categorized into three main defenses:
- The first is constitutional defenses. The fourth amendment says you have the right to be free from unreasonable searches and seizures. The courts have interpreted that amendment for years to mean that an officer needs reasonable articulable suspicion to stop your vehicle and probable cause to place you under arrest. If an attorney looks very closely at those two instances to stop the arrest to determine whether or not the officer is able to meet the required constitutional thresholds.
- If we get past those defenses, then an attorney will look at the second category which is statutory defenses – particularly the procedures required of the government when testing blood samples. This includes following up the state’s test with an independent analysis by a lab of the defendants choosing. Then looking very closely at all things having to do with the blood testing process to make sure that it was done correctly according to Virginia law.
- Once that has been examined, the third category of defense is scientific. This involves looking at the exact testing itself and the graphs presented by the government in order to come up with whatever levels of drugs were in a person’s blood at the time. An attorney can then consult with a blood testing expert to determine the accuracy of the government’s claims.
Biggest Mistakes To Avoid in Manassas DUID Cases
The single biggest mistake that often leads to other mistakes is not contacting an attorney as soon as possible. There are many cases where someone has hurt themselves by giving statements to police while being arrested. For example, if someone admits to consuming drugs or to feeling impaired, the government can use those statements against you in court.
As a result, it is important to get in contact with a lawyer as soon as possible especially as your case heads to trial. For the majority of cases there are defenses available, so assuming you’re going to lose is another big mistake. It is up to the defendant to protect themselves.
Importance of A Manassas DUID Attorney
DUI charges have many available defenses and an experienced attorney will look at every single one to determine if any are applicable in your case. In some cases, there may not be very many good defenses but there is always something that will be worth challenging in court. A Manassas DUI drug attorney will be able to stay informed about what is required from the prosecution in order to obtain a conviction; he or she will be able to guide you through the process and fight against the prosecution’s tactics.