DUI of Drugs Orange County Lawyer

If you have been arrested for driving under the influence of drugs, whether it was prescription medication or illegal drugs, it is imperative that you seek a DUI Drugs Lawyer in Orange County immediately. Unlike the Blood Alcohol test, a DUI for Drugs is usually charged when the officer gets a 0.00 BAC and still believes the driver is under the influence while driving.

Officers will take the defendant to the police station and administer either a urinary or blood test. The results of the urinary test are immediate, however a blood test is not. In Orange County the arresting officer will make the arrest first and ask questions later.

If you have been charged with a DUID or DUI for Drugs, our team of lawyers takes the following steps to ensure that you are not criminally convicted of a DUI for Drugs, simply because you have indicated a positive test result for a substance.

Our DUI Drugs Lawyers in Orange County, will find out when the last time you used drugs occurred. We have seen defendants test positive for drugs in a blood test, despite the fact they may have been intoxicated more than 3 days prior to being charged with the DUI for Drugs.

Our team will request a blood split to have your blood or urine independently tested in a laboratory and can use that evidence to show a prosecutor that while you may have tested positive on a urine or blood test, the amount in your urine or blood indicates that you were below the threshold of what is considered under the influence.

If we can show the amount of drugs, legal or illegal, in your blood or urine was not enough to be “under the influence” of that drug, then we can build a case to show you were not “under the influence” while driving.

Orange County Prescription Drug DUI Lawyer

Since the blood test administered by Orange County police merely shows the presence of the drug, and not the concentrations, it is important that the DUI for Drugs Attorney in Orange County ask for a blood split. The Blood split test demonstrates that the quantity found in one’s blood can fall below the threshold of what a licensed expert can prove is an amount, not likely to impair a driver.

The Three most common DUI for Drugs in Orange County are given for drivers under the influence of:

Opioids and painkillers in general

Depressants—Often prescribed for sleep aid or anti-anxiety purposes

Stimulants—Often prescribed for people suffering with Attention Deficit Hyperactivity Disorder or weight loss

Defending a DUI Drugs Orange County – Drug Recognition Experts

Historically Driving Under the Influence of Drugs was difficult to prosecute because there was little to no scientific based research on the level of intoxication of a person who is prescribed medication. Prosecutors would simply base their tests on a positive negative reading, rather than actually determine the amount of drugs in the blood. As a result of that difficulty, Drug Recognition Experts, were essentially created to make prosecution of these cases easier.

A Drug Recognition Expert is a police officer who goes to school for a couple of days an is trained to determine when a person is “impaired” or “under the influence of drugs”. A person’s tolerance to drugs varies and when and how they are ingested makes it difficult to proclaim that each person is equally impaired simply because of a positive or negative reading in a blood sample.

Also Read: General Glance Of DUI Laws And Driver Rights

First, lets establish that person who goes to school for a short period of a few days, would not be considered and expert in any field. Second, a major flaw with Drug Recognition Experts is that they do not know the person they are examining. Does that person have a history of mental illness? Does that person have physical abnormalities such as red eyes, from prolonged use of contact lenses? Does that person suffer from halitosis and thus has unusually dry mouth?

The fact remains a Drug Recognition expert simply makes very basic observations of a person’s behavior regardless of their regular self. That is, an observation of that person would not really be able to be compared with a regular or normal person since no two people are physically or mentally the same. Could a person have a nervous anxiety disorder or a phobia that would make them seem under the influence of uppers or downers? There is no way for a Drug Recognition expert to determine that when making an observation.

Additionally, there is the concept of being “actually impaired”. In every DUI case a person’s actual impairment must be proven. Let’s say for example you are stopped during a routine DUI Checkpoint. There is no sign of driving in an impaired manner, versus getting into an accident. THis is one example of how a Drug Recognition Expert using very little knowledge to determine your impairment could be proven wrong.

Finally, there is the concept of “Per Se” impairment. This refers to the many studies on alcohol consumption and that the level at which a person is impaired is acceptable at .08% for purposes of law enforcement and DUI for Alcohol. However, there is no “Per Se” level of impairment from Drugs, and that is the reason that Drug Enforcement Specialists and Blood Samples must be argued.

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