DUI Drug and Alcohol Interactions in Virginia
There are a number of different drugs that have the effect of suppressing or depressing the central nervous system. In an amount that is safely prescribed, it will not cause a problem for a person in terms of driving. However, adding even just a little bit of alcohol, the depressant effect of a particular drug may push a person over the edge to where they may, in fact, be impaired while driving. DUI drug and alcohol interactions in Virginia can have serious consequences, which is why it is important to get in contact with a qualified drug DUI lawyer as soon as possible. Your attorney could work towards a positive outcome for you.
Similarities Between Alcohol and Drug-Based DUI Trials
Trials in the prosecution of drug DUIs are identical to alcohol DUIs in every respect except for one. That is that the government is going to have something different that they need to prove to establish that a person is under the influence.
In most alcohol cases, the government is going to rely on a certificate of analysis that demonstrates the blood alcohol content of the defendant. Similarly, in a drug case, they are going to need a certificate of analysis that shows drug content in the blood of a defendant or shows that there is a combination of drugs or alcohol along with behavior observed at the scene, which will demonstrate beyond a reasonable doubt that the person was under the influence.
During litigation, the government is also going to need an expert witness to explain why the interaction of the drug and alcohol rendered the person under the influence. The witness is going to need to be able to testify to a reasonable jury of certainty in their field that the amount of alcohol together with the amount of the drug created impairment.
Differences Between Alcohol and Drug-Based DUIs
The primary difference between alcohol and drug-based DUIs is going to be what the government has to prove. There are some kinds of drugs that it is sufficient for the government to show that there is a certain amount of it in the defendant’s blood, just as they would do in an alcohol case.
In other cases, an expert witness will be needed to explain what the drug concentration in the blood means and what kind of behavior one might expect that to produce. The technical end of proving that a person is under the influence, that there are drugs present, and what those certain levels of drugs mean is going to be different than in an alcohol-related DUI trial. When dealing with DUI drug and alcohol interactions in Virginia, an individual could potentially be subjected to
How the Mixing of Drugs and Alcohol Affect DUI Prosecution
If there is a mixture of drugs and alcohol in an individual’s system, then that is going to prove what has to be proved in terms of the Commonwealth’s evidence. It is illegal for a person to have a certain concentration of alcohol in their bloodstream and operate a motor vehicle. It is also illegal for them to be under the influence of a combination of drugs or alcohol while operating a motor vehicle. can result in serious and potentially escalated penalties for individuals who are found guilty.
If there is an allegation of DUI drug and alcohol interactions in Virginia, evidence is needed from the government that shows what the individual’s blood alcohol concentration was and what the drugs in their system were. Together with any behavior that is exhibited at the scene, they will need to show beyond a reasonable doubt that it is the combination of those two things that rendered the person under the influence. In some cases, the government may seek to show that even though the blood alcohol concentration was below .08 or that the drug concentration in the person’s blood was below the required amount that nevertheless, the interaction of those two things leads to a person being under the influence. Very often this is accomplished through an expert witness. If an individual has been charged with an alcohol and drug-based DUI, they should consult a seasoned lawyer that could build their defense.