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How drugged driving charges can be challenged in court

On Behalf of | Nov 11, 2022 | DUI/DWI/Drunk Driving

Impaired driving can stem from more than just alcohol. Some people who have taken over-the-counter, prescription or illegal drugs may be too impaired to drive safely. This can put others in danger and may lead to criminal charges. 

Unlike alcohol charges, it’s difficult to determine the actual level of impairment of a driver who took another substance. One of the primary issues for this is that the effects of other substances that are covered by tests, including marijuana, wear off long before the drug leaves the body. This means a drug test can come back positive for a person who isn’t impaired.

Your approach may depend on the basis for the charges

Criminal charges for drugged driving might rely heavily on visual signs that the driver was impaired. This could be because of a standardized field sobriety test that had results consistent with impairment. One thing to remember is that these tests are highly subjective, so there could be an issue with the results. 

It’s also possible that the charges could hinge on statements the person made to the police officers. In order to combat this, remember to uphold your right to remain silent. It’s likely best for you to speak with your attorney before you start answering questions about what you took before you got behind the wheel.

Facing a charge for drugged driving means you need to explore all the options you have for your defense strategy. An experienced defense can help you obtain the best possible outcome for your case, so don’t hesitate to seek legal assistance.