How a Drug DUI Lawyer handles Drug DUI Cases.
With the rise in medicinal marijuana use, and the increasing use of prescription drugs (both legally and illegally) there has been a dramatic increase in the number of Drug DUI arrests in California. Drug DUI cases have some very important similarities and differences from the more common alcohol DUI cases. Its important to work with an experienced Drug DUI Lawyer if you are facing Drug DUI charges.
Differences between Alcohol DUI and Drug DUI Cases: The “Legal-Limit.”
Alcohol DUI case law and statutes date back to the 1940’s, with early cases focusing on the harmful effects of alcohol use and how they “impair” a person while driving a car. With advances in medical science, the law began to use the measurement of a person’s blood alcohol concentration (BAC) to determine whether they were “impaired” for the purposes of driving. Initially, BAC’s of 0.15 or 0.10 were used by the various states as the “legal limit” that, above which a person was presumed impaired for the purposes of driving. While the validity of this arbitrary limit is debatable, it remains the standard used by all 50 states in the US, after intense lobbying efforts by MAAD and other activist organizations.
Drug cases do not have a “legal limit,” because the scientific and legal implications have not been sorted out. For example, the level of THC (the chemical in marijuana) that causes impairment in people varies from person to person and can be effected by other factors, such as other drugs in the person’s system. Other drugs (such as cocaine, heroin and xanax) have such widely varrying chemical properties (depending on the person’s tolerance for example) that there simply is no “legal limit” that can be agreed upon as to the level of impairment for the purposes of a Drug DUI prosecution. The various states are researching how to handle the increase in Drug DUI cases.
Without a “legal-limit” that the prosecution can use to arbitrarily show impairment, Drug DUI cases are difficult for prosecutors to prove. This is good news for someone facing drug DUI charges and gives DUI attorneys ways to beat Drug DUI charges.
Drug DUI Reference Links:
Drug DUI Recognition Program: The DRE Protocol is used by law enforcement to determine whether a person is impaired on possibly committing a Drug DUI.
Drug DUI News: Drug DUI’s are becoming more and more common, this article explores the latest in Drug DUI cases.