May 20, 2021
DUI charges are not limited to those who are found guilty of driving under the influence of alcohol. In fact, Idaho laws are equally harsh on those found to be driving under the influence of drugs (DUID). Also known as drug driving, this can result from the use of illegal and controlled substances, like marijuana, as well as the improper use of perfectly legal prescription drugs or doctor medication.
Some people make the mistake of thinking they cannot be arrested for using prescriptions; however, this is a mistake. Alcohol is just as legal as prescription drugs. The law doesn't care if you use them, but they do care that you use them lawfully. If you are found to be using them while behind the wheel, you could be facing criminal charges, contact a Boise DUI lawyer.
Defense Against Charges of Drugged Driving
Unlike DUIs involved alcohol, it can be slightly trickier to determine whether or not the driver is actually "under the influence" of the drugs. Whereas a breath test can be used to estimate the blood alcohol level, there is no simple roadside test which can do the same for drugs. Instead, cases involving DUI and drugs will rely on different tests. For some cases, the evidence will rest simply on the testimony of the officer. Remember, the law describes a DUI as when a driver is impaired; this means that their normal faculties are impaired. This could be when a driver is stumbling, weaving or driving erratically.
This could be corroborated by evidence gathered during the administration of field sobriety tests. These, however, are notoriously unreliable and subjective to the opinion of the arresting officer. Therefore, many DUI & drug cases will turn to evidence from blood and urine tests. These are viewed as the most accurate way to determine how much of the drug is in the defendant's blood system. They, however, are also inaccurate and can result in faulty readings. For example, urine tests are only really good at determining if pot or weed was used, not WHEN they were used. They, therefore, may pick up on drugs that were used previously but do not necessarily prove that the driver was impaired at the time of arrest.
Boise DUID Attorneys: Providing High-Quality Defense
We know the types of questions that will be asked in any given DUID case. For example, did the blood and / or urine test show that drugs were present in the defendant's system? How much drugs were present? Were the defendant's faculties impaired during the field sobriety test? With over two decades of legal experience, we are well-versed in how to challenge these questions and present evidence that will put your case in the best light possible.
For example, we may argue the following:
The drug or field sobriety test was not properly administered;
The blood / urine sample was not stored or transferred properly;
The results were skewed from outside factors; and
Evidence was gained during unlawful search and seizure.
We can also work tirelessly to ensure that your rights were not violated during the arrest process. For example, we can ask whether or not there was proper evidence and reasonable cause to complete the traffic stop. If there wasn't, we may ask to have the charges dismissed. One thing, however, is certain: you can trust in our firm. We know that cases involving drugs and DUI can be complex, but they do not need to affect your future. We have years of experience and can work to ensure that your rights are not violated. Have further questions? We encourage you to consult with a Boise criminal defense attorney from our firm.
Simply pick up the phone and call us today!