Does Science Come into Play in Defense Strategies in DUI Cases Involving Prescription Drugs?
When defending a DUI drug case, the science is paramount there. There are several different things that you need to take into consideration. One of them is legal arguments regarding drug DUIs. Another is factual argument of what actually happened out on the street and what’s going on in the courtroom. The third prong of a drug DUI, is the science.
It’s very important to know what drugs are involved, what affect those drugs would have on a person, and how those would be interpreted. Knowing the science and how the blood sample was analyzed is going to be key to getting a successful outcome to the case. Keep in mind that not all drugs impair, and those that do impair don’t all impair the same way.
Science is important to know from beginning to end: what the person took, what affect it has on their body, how it was taken out of their body, blood sample, urine sample, and how it was analyzed in the crime lab.
Why Do Drug DUI Cases Need an Experienced Attorney?
It’s important to have an experienced DUI defense attorney who knows how to handle drug DUIs. Many times, what happens is you get a domino effect where an inexperienced police officer eager to make arrests will arrest somebody for driving under the influence of drugs. However, they don’t do a complete and thorough investigation. They don’t do a proper analysis of the case. When it gets turned over to the crime lab that does a screening test, that comes back positive for some medication which may fall onto a very busy district attorney’s desk. The DA looks at it, sees there is a police report and says the person’s impaired. They see the chemical test, the screening test showing positive for a particular medication, and they file charges. As a result you end up in court in front of a very busy judge who is looking to get cases resolved. They want people to plead guilty and for the case to be done and over and out of their courtroom.
Therefore, you need somebody who can go in and stop this process, slow it down and start to explain to the prosecutor and to the judge why this is not a DUI case. The attorney will explain why it’s not appropriate that a person’s life be affected, as if they had gotten a DUI, when there really is no DUI going on here.
If an attorney doesn’t have experience handling prescription medication cases, they are not going to know where to look to get the answers. They are not going to know what questions to ask. They are not going to be able to slow the system down to get people to pay attention, to find the holes in the case, and get the right result.
Therefore, it’s very important that an attorney know how to properly handle the drug DUI case. They need to know what procedures are supposed to be followed from the minute that the person is stopped to how the blood or urine sample was obtained and analyzed and what the results of those actually mean.
Many times we are able to get very favorable outcomes on prescription medication cases.
If you need an Experienced DUI Defense Attorney to Defend a Drug DUI Charge in California, call the law office of Attorney Mark Rosenfeld for a free initial consultation at (310) 424-3145 and get the information and legal answers you’re seeking.
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