DUI of Drugs in Bakersfield, CA
What the Law Says About Driving Under the Influence of Drugs
In the state of California, DUI charges are not only related to alcohol, but also to drug intoxication. It is against the law to operate a vehicle while under the influence of drugs that could affect your ability to drive. This can even include medications that you have been legally prescribed by your doctor.
Illegal drugs will also be checked for, such as marijuana, cocaine, meth, ecstasy, or any other drug that could affect your ability to operate a vehicle. If you have been arrested and charged with DUI with drugs (DUID) it is vital that you contact a Bakersfield DUI attorney at Brehmer Law Corporation today.
Arrested for DUID? Contact Brehmer Law Corporation for the strong defense you need.
Defending DUI of Drugs (DUID) Charges in Kern County
When facing a DUI with drugs charge, you need an experienced DUI attorney to begin the defense of your case immediately. No blood testing system is without error, and the circumstances of the blood test that was administered to you must be reviewed. Urinalysis is no different. Remember, drugs may show up in your system days, weeks and sometimes months after the effects have worn off.
It is not illegal to have drugs in your system and drive. It is illegal to be under the influence of those drugs and drive. AND it must be under the influence to such a degree that you could not operate a motor vehicle like a sober person under similar circumstances. For example, caffeine is a commonly abused drug. Being under the influence of coffee may be probable, but it is difficult to prove impairment.
If necessary, an independent toxicologist can be called in to re-test or evaluate the testing methods used by law enforcement. There are frequently errors in the administration and evaluation of the test. These errors, if they occurred can open an opportunity to challenge the BAC evidence. If the evidence against you is suppressed by this court challenge, it is possible that the charges will be dropped.
Were You Arrested After Failing a Field Sobriety Test?
Field sobriety tests are often used to judge whether someone is able to operate a motor vehicle safely. These tests are often administered by the police or highway patrol after being pulled over on suspicion of driving while under the influence. The officer may request that you complete physical tests meant to indicate whether or not you are actually under the influence.
These tests include the “walk and turn,” the “horizontal gaze nystagmus,” and a “one-leg stand” test. As an important note, the National Highway Traffic Safety Administration, or NHTSA, has evaluated these specific tests and found that even the most accurate was only about 77% correct when administered flawlessly and under perfect conditions. It is important to recognize that no field sobriety test has ever been peer reviewed and are therefore highly unreliable in correlating with impairment or intoxication. In fact the NHTSA released a further study regarding the robustness of the horizontal gaze nystagmus test finding that drivers with legal alcohol levels still displayed a number of symptoms believed to show a driver was over the legal limit. It is critical to hire the most qualified attorney that understands how to use the government’s own studies to support your defense.
Contact a Bakersfield DUI attorney from Brehmer Law Corporation if you have been arrested and charged with DUI. You deserve to protect yourself with a skilled DUI defense attorney.