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Birmingham DUI Drug Lawyer

While receiving charges for a drug-related DUI can be a daunting situation, know that an experienced Birmingham attorney can help you through the process to ensure that your constitutional rights are being protected. Read on to learn more about the ways that a distinguished Birmingham DUI drug lawyer can make a difference in your case.

How Individuals Can be Charged with a DUI for Drug-Related Impairment

There is a zero-tolerance law in Michigan that states that anyone operating within the mere presence of any schedule one drugs (which are considered by the state to have limited, if any, medical purpose) would be eligible to receive a drug charge. Know that an individual can still be charged with a regular drunk driving charge they are impaired or intoxicated by any controlled substance.

Even medications such as Xanax, Klonopin, Gabapentin, or other anti-depressants and pain medications can result in a regular drunk driving conviction if they cause a state of intoxication or impairment. OWI actually stands for operating while intoxicated, and in Michigan, it does not matter whether it is alcohol, a controlled substance, an inhaled substance, or any combination of the three. It is possible that individuals can face these charges even on prescription medications or over-the-counter medications if there is an effect.

Penalties Associated with a Drug DUI

Generally, in the state of Michigan, both drug and alcohol-related DUIs can be charged under the same code, which is the Operating While Intoxicated 257.625 Section 1. This means that most penalties associated with a drug DUI will be the same as penalties for a regular Birmingham DUI case. However, there is also the possibility that somebody could encounter a zero-tolerance drunk driving which would receive a slightly different penalty.

Although under regular drunk driving there is a certain amount of automatic suspension and a restricted period for someone’s license, the zero-tolerance drunk driving provision has a slightly different driving sanction with it. However, like drunk driving, it too is progressive. The first offense, someone receives one sanction. The second and third offenses will result in a different sanction at that point depending on the case’s judge.

Proving Impairment of the Driver

When attempting to prove that the driver was impaired, authorities will run the standardized field sobriety tests to demonstrate that they were under the influence or intoxicated by some substance. They need as much evidence to present to a jury that the individual was clearly not in control of their faculties, and therefore it must be the drugs the alcohol.

At the state level, there is an exploration of advanced courses for police officers to better detect the presence of drugs in a suspect’s system. The future is most likely going to trend to where they will use those testing methods, but also utilize a roadside testing device. That device is being tested now, using saliva in someone’s mouth, to detect the possible presence of drugs at a preliminary road stop test. This could inform the officers whether or not they should go ahead and draw blood as well. They also have ARIDE which is a new training program to try to detect alcohol and drugs.

Mistakes to Avoid in Drug DUI Cases

The biggest mistake to avoid in a drug DUI case is the idea that one will be treated less severely or differently than a drunk driving case. Additionally, a drugged driving charge would still count as a prior offense if a drunk driving offense were to occur in the future. Another mistake is believing that if an individual is appropriately taking their medications, they will not be held accountable for their behavior if they get into an accident. If they are not as coherent or as sharp as they should be, police officers can still hold that against them and will take them in for a test. Because of this, even individuals who are doing what they thought was right can very quickly be found in a position where they are being treated as criminals.

Role of a Reliable Birmingham DUI Drug Lawyer

A professional Birmingham DUI drug lawyer can help to guide you through the court process after receiving a DUI accusation and can offer you advice and legal counsel on the best actions to take following your defense strategy. Reach out to a dependable Birmingham DUI drug lawyer today to gain an aggressive advocate for your defense who can help you craft a professional strategy to protect your rights in court.

Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

Client Reviews
Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.