Prosecution of Manassas Drug DUI Charges
Driving under the influence is commonly associated with impairment due to alcohol. However, it is also possible for individuals to be pulled over and arrested for a DUI due to impairment from drugs. Despite the fact that certain jurisdictions have begun legalizing marijuana, Virginia is not one of those states. Call and schedule a consultation with a Manassas drug DUI lawyer for representation if you have been arrested and/or charged with driving while under the influence of drugs.
Getting Charged With Drug DUI in Manassas
The main thing that a person needs to know is this is going to take some time because there are multiple blood tests to be run. One by the state and one by our independent laboratory after the state results are back. There is no easy way to streamline this process. The number one thing that individuals need to know is that they need to be patient with the process.
The first thing that a defense attorney will do is file a motion for discovery and file a motion to for the government to produce the certificate of analysis as soon as they get it in their possession. Once the certificate of analysis is received, then it’s up to us to file a motion with the court to have it analyzed by an independent laboratory. Once that motion is granted, and it always is because it’s part of the statute, the Department of Forensic Science then has to package the sample and send it off to independent laboratory for analysis.
All of this takes time and once the defense receives the independent analysis, the case will be ready for trial.
What Prosecution Needs to Prove
They need to prove that the person is operating a motor vehicle and then that person was under the influence of drugs to the extent that it impaired that person’s ability to operate a motor vehicle safely.
It’s harder because the law gives the government more hoops through which to jump in order to have a blood test successfully admitted. If it’s not one of the drugs specifically identified in the statute as having a presumptive level of intoxication, then it becomes more difficult because they would need to rely upon the toxicology expert to come testify in court that “x” level of “y” drug must mean the person is impaired.
Potential Changes in Prosecution of Manassas Drug DUIs
It’s unlikely that there will be any changes in how law enforcement officials prosecute drug DUIs. Even though marijuana might be legal in some jurisdictions, it’s still not legal to drive under the influence of it. Alcohol is legal in all 50 states and in DC, but it’s still illegal to drive while drunk. The likelihood that DUI laws change in the future because of marijuana has been legalized in certain jurisdictions is very slim.
When to Contact an Attorney
You need to contact an attorney as soon as you’re arrested because the process takes a long time and the longer you wait to hire an attorney, the longer it takes to get your case properly litigated. Additionally, when you hire an attorney as soon as possible, you will have someone with experience and knowledge about the prosecution and defense of DUID cases by your side very step of the way moving forward.