Kent County DUI Drug Lawyer

Many people understand that it is a crime to drink and drive. However, the law also states it is illegal to drive under the influence of drugs. The police are often on the lookout for people whose behavior indicates impairment.

If you face accusations of driving under the influence of a drug, a legal representative may be able to assist you. A Kent County DUI drug lawyer could provide valuable insight into what a prosecutor must prove in a legal case. You do not have to face accusations of wrongdoing alone. A focused criminal attorney could defend you against charges of wrongdoing and work to protect your rights.

The laws related to operating a vehicle while intoxicated are found in Michigan Vehicle Code §257.625. This law states a driver cannot use any controlled substance while driving, including:

• Marijuana
• Cocaine
• Heroin
• LSD
• Ecstasy

The law also states that the DUI charge, officially known as Operating While Intoxicated (OWI), includes being “under the influence” of a controlled substance. Under this statute, the driver need not be visibly impaired or have a lowered ability to operate their vehicle, because of a drug or other intoxicating substance.

Officers could use a breathalyzer to test for blood alcohol content, but there are no tests available to test a person’s impairment from drugs. Because of this, the police may pull a driver over based on suspicion of impaired driving. The police must then rely on their observations and the results of a mouth saliva drug screen to determine potential drug intoxication and impairment.

Officers may use field sobriety tests and drug recognition experts to determine whether someone is impaired. The officer must have probable cause before they can take a suspect to jail — they cannot arrest an individual on a hunch. After an arrest, the police may conduct further testing to determine the presence of any substance that can cause impairment. If the police find a person has any amount of certain controlled substances in their system, the prosecutor may pursue charges of a drug DUI.

A seasoned drug DUI attorney can fight against these allegations. They can collect any relevant police reports from a traffic stop or examine arrest records to determine the validity of an arrest or subsequent charges. This evidence could help an attorney defend against your charges.

If a driver is found with any amount of a Schedule 1 drug in their body, the court could sentence the convicted individual to no more than 360 hours of community service, up to 93 days of jail time, and a fine between $100 and $500. However, if the court previously convicted the driver of an OWI offense within seven years, the potential penalties may increase.

The penalty could also increase in the case of a drug DUI homicide. If the driver’s alleged actions led to the death of another person, the court may sentence the convicted individual to not more than 15 years in jail and a fine between $2,500 to$10,000. Previous DUI offense convictions or the death of an emergency response person could increase the potential penalty for a drug DUI homicide.

Interactions with the police may drastically impact your future. Although it can be difficult for the prosecution to prove someone operated a vehicle under the influence of drugs, a conviction could affect your future. Consequently, a knowledgeable attorney could help you develop a strong defense against charges. Consult a Kent County DUI drug lawyer to schedule an appointment and learn how to protect yourself and your rights.