Some people assume that the only way you can be arrested for DUI is if you are drinking and driving. However, with the drug epidemic being what it is, law enforcement has been cracking down on driving while under the influence of drugs as well. Even if you were only using prescribed medications, you can still be arrested for DUI. Contacting an Asheville DUI attorney may be your best bet for a quick resolution.
The important part is the “under the influence” language. You can be under the influence of all sorts of substances. Any one of them can impact your ability to drive safely. Our Asheville DUI attorney has handled hundreds of cases involving drugs. Recently, many of them involve drugs like heroin, Xanax, and methamphetamine. If the police are able to prove that you were using these drugs while driving, you will be arrested for DUI.
Here, we will explain how the cops can prove that they had reasonable suspicion to pull you over for DUI. We will also discuss what signs the officers will look for when deciding whether to arrest you for DUI. Our criminal lawyers in Asheville understand that these cases are handled a bit differently than a traditional DUI case. However, we have the knowledge and experience necessary to negotiate the best favorable outcome on your behalf.
The Cops Look for the Same Telltale Signs as When Someone is Driving While Intoxicated
When the police are patrolling the streets, they are always keeping their eyes peeled for drunk drivers. The signs they are looking for are rather obvious. Whether you’re under the influence of drugs or alcohol, the signs are basically the same. Some of these telltale signs include the following:
- You’re swerving in and out of your land.
- You stop at a red light or stop light way too long.
- You fail to stop at a red light or stop sign.
- You are driving well below the speed limit.
- You have your windows all the way down when it’s freezing outside.
- Your windows are down, and the stereo is blasting despite the fact that it’s 2 am.
Of course, there are many other things the police look for when dealing with someone driving under the influence. These are just a few. Once the police approach your vehicle, they will take a keen interest in what’s going on inside the car.
Your Asheville DUI Attorney Can Challenge the Initial Traffic Stop
If your Asheville DUI attorney believes that officers had no reasonable suspicion, they can challenge the traffic stop. If they are somehow able to do this, the charges against you would have to be dismissed. After all, any evidence the officers find as a result of an unlawful arrest must be deemed inadmissible. The problem is that it’s nearly impossible to argue that the cops didn’t have reasonable suspicion.
It doesn’t take much to demonstrate reasonable suspicion. Your Asheville DUI attorney will need to focus on the arrest itself and any searches conducted by the cops. That’s the only way you’ll have a chance of getting the charges dismissed or reduced.
The Officers Can Testify That They Saw Drug Paraphernalia in Your Vehicle
One thing the cops will do is look inside your car to see if there are any drugs (or paraphernalia) in plain sight. They will also ask you for permission to search your car. If you refuse, they can always get a warrant to do so. If you are worried about what they’ll find, you can refuse. However, anything that is visible can be confiscated as evidence.
The Cops Can Often Test Any Drugs That Find at the Scene
If you have ever watched a television show about cops, then you know they have the ability to test substances on the scene. They carry portable tests with them. All they have to do is put a few grains of the suspicious substance into the tube with the solvent and it will turn a different color.
Depending on what color it turns, the officers will know what type of drug you are carrying. Also, if the test is positive for an illicit drug, they will have sufficient cause to search your car even without your consent.
You Will Also Be Tested to See if There Are Drugs in Your System
Once the officers have arrested you, they can take you down to the station or the hospital to test you for drugs. The results will come back rather quickly. Once they know if you test positive, they will add the findings to their report.
Also, if the test comes back positive for an illegal substance, they can file additional charges. Make sure you let your criminal lawyer in Asheville know what drugs you were taking. The last thing you want is for them to be blindsided by the prosecutor.
Your Criminal Lawyer in Asheville Will Try to Get the Charges Dismissed or Reduced
It’s difficult enough to get a regular DUI charge reduced to reckless driving. It is nearly impossible for your Asheville DUI attorney to get the charges dismissed entirely. However, when drugs enter the picture, it changes the landscape significantly. If the cops can prove that you were on drugs at the time of your traffic stop, you’ll likely be charged with other offenses.
For example, depending on the type of drug you were using, you can be charged with possession. It will also depend on how much of the drug the officers find in your car or on your person. If it is above a certain threshold, you could even be charged with possession with the intent to distribute.
In a way, situations like this would make you wish you would have been arrested for a simple DUI. At least then, you wouldn’t be facing the additional consequences. Just know that your criminal lawyer in Asheville is experienced in handling both DUI cases and cases involving a drug charge. They will do their best to get the charges minimized and negotiate a favorable sentence or outcome.
If you’ve been charged with DUI, whether it was due to alcohol or drugs, contact our office immediately. You’ll have to attend your first court appearance in a matter of hours or days. You don’t want to show up for this appearance all by yourself. Your best chance of being able to negotiate a compromise with the State prosecutor is if you have an Asheville DUI attorney by your side.
