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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.