Initially, when the drunk driving laws were passed many years ago, the objective was to detect when people were driving after drinking. As any criminal defense attorney in Asheville can tell you, the original intent of the laws was not to check drivers to see if they were under the influence of drugs. However, with the recent drug epidemic, police have no choice but to look out for people who are under the influence of any substance. Depending on the drug that you take, it can have a significant impact on your ability to drive safely. While your criminal defense attorney in Asheville certainly understands the intent behind the laws, you are also entitled to a proper defense.
The way the police see it, if you are a threat to society, they have a duty and obligation to arrest you. Depending on the facts of your case, you may be charged with DUI or you may be charged with a different offense. It all comes down to what the police and the prosecutor can prove. Since there is no test the officers can use to test you for drugs at the time of your arrest, they will need to rely on a test afterwards period
Most Drivers Understand That the DUI Laws Apply to Both Alcohol and Drugs
Most of the people we meet with are well aware that the DUI laws apply to both drugs and alcohol. By the time you’re able to purchase and consume alcohol, you get a feel for what the police can and cannot do. Most of our clients understand that the officers are not able to test them for drugs at the scene. Their hope is that by the time the drug test is administered, whatever substance they have been using will be out of their system. What they may not realize is that it can take weeks for drugs to disappear out of your bloodstream. These drugs will certainly show up on a urinalysis test.
Depending on the facts of your case, and the officer who arrests you, you may be given either a blood or urine test. Both tests will look for the presence of any illicit drugs. Most of the drugs that the police are concerned with today are opiates and methamphetamine. Not only are both of these drugs dangerous, but they cause the driver to lose any sense of safety when they’re behind the wheel.
The Cops Don’t Have a Breathalyzer That Tests for Drugs
If the Asheville police suspect that you’ve been drinking and driving, they can administer a breathalyzer at the scene. This test will measure the blood alcohol concentration in your body. If the test results are greater than a 08, you will be arrested and charged with DUI. However, more people today are being arrested for DUI because of their use of drugs rather than their use of alcohol. If you happen to have been arrested for DUI recently, you’re going to need an experienced criminal defense attorney in Asheville.
The Officers Can Always Take You to the Hospital for a Urinalysis
Usually, when it comes to a DUI arrest that involves drugs rather than alcohol, the police officers may take you to the hospital for urinalysis test. This test, or a blood test, can detect the presence of any illegal drugs or medications that are in your system. Depending on the drug that you may have been using, these tests may be able to detect the presence of the drug in your system for up to 30 days.
What this means that even if you used drugs recreationally days or weeks before your arrest, the urinalysis may still show the drug in your system. What your Asheville DUI attorney will do is argue that you did take drugs, but it was days prior to your arrest. They will see what evidence they can gather to demonstrate that your use of the drugs took place days or weeks before the day that you were charged.
Of course, this is not always successful. That’s why your criminal defense attorney in Asheville will reach out to their prosecutor to see if they can negotiate a favorable plea deal. Typically, this will result in a charge of reckless driving. While a reckless driving charge does carry fines and other penalties, it is certainly preferable to a DUI conviction. In order to do this, you need to reach out to one of our Asheville DUI attorneys and schedule a time to come in and meet with him in person. If need be, you can even contact our office from jail and we can send one of our associates to meet with you there.
You May Need a Criminal Defense Attorney in Asheville to Help You
If you’ve been arrested and charged with DUI, you’re facing some stiff penalties. Even if this is your first arrest, you’ll still be facing a possible jail sentence. Not only that, but you’ll have to pay thousands of dollars in fines. If you want to avoid this, along with a suspension of your driver’s license, then you need a seasoned Asheville DUI attorney. Not only does your attorney know how to negotiate a plea deal with the prosecutor, but they can also help poke holes in the state’s case. If you were charged with DUI because the police claimed that you were high at the time, your criminal defense lawyer in Ashville will argue that you were not under the influence at all. They will hire an expert to argue that the testing procedure was not done properly.
Your criminal defense attorney in Asheville will also review the recording of the arrest to make sure that it was lawful. For now, what you need to do is call and schedule your initial consultation with one of our Asheville DUI attorneys. You don’t have a lot of time to do this because your first hearing is likely scheduled in the next couple of days. Your best opportunity for getting a reduced charge or to have the charges dismissed is to have a lawyer by your side for your first appearance. With so much at stake, this is not something you can afford to handle on your own.