New Canaan DUI Drug Lawyer
As the best attorneys know, drug impairment can result in DUI charges, just like alcohol. If you have been accused of driving under the influence of drugs, you should contact a top New Canaan DUI drug lawyer to discuss your case. A lawyer could help you build the optimum defense.
Types of Drug DUI in New Canaan, CT
Drug and alcohol DUI’s have the same penalties, and individuals are charged under the same statute. In Connecticut, it is CGA §14-227a. You would see that statute written in either incident report.
Prescription Drug DUI
This is a little-known secret in Connecticut. A person can actually be charged for a drug DUI even if the drugs are prescribed and they are taking them according to the doctor’s instructions. That does not justify driving impaired in Connecticut in any way, and the charges are the same as if the drugs were illegal.
If someone is impaired, they can be charged with a DUI. However, there are not many cases in which this happens. An individual may be charged with reckless driving or something similar, but unless there was enough in their system to render them impaired, that would be a different charge.
Drug and Alcohol Interaction
It is common for someone to be on medication and have a glass of wine at dinner without realizing that it will make them impaired. The driver can still be charged and prosecuted for a DUI in these cases.
There are a lot of prescription medicine cases where the person does not realize exactly what effects the drugs would have, and unfortunately, it does not matter.
The only thing New Canaan, CT prosecutors have to prove is that the defendant meant to operate the car, and when they did operate the car, they were under the influence of drugs or alcohol. The prosecutor does not have to prove that someone voluntarily became intoxicated, so it is not relevant.
How Authorities Test for Drugs
At the present time, there are a few methods for testing the presence of drugs. One is giving a urine sample, which tests for any drug out there. Police officers throughout Connecticut are also undergoing new training to specifically identify drug impairment. The tests are similar to Field Sobriety Tests for alcohol, in which they observe the person’s physical movements to pick up on cues that allow the officer to recognize them as drug-impaired.
Other Evidence Collected by New Canaan Police Officers
Because of the Standardized Field Sobriety Test and the Chemical Test, they also do observations as well interacting with the person. The more they interact with the person, the more evidence they can obtain if the person is intoxicated. The officers will talk to the person and ask them simple questions at the same time the person is trying to get their license and registration out, to see if they are able to split their attention and answer the question properly, as well as provide the required documents.
Refusing Drug Tests in CT
If the tests are refused, two things can happen. One, if the person eventually does go to trial, the prosecutor is allowed to introduce the refusal and is allowed to tell the Judge or jury that that is probably because they had a guilty conscience. That is one time they are able to comment on that. The second thing is that for a refusal of a test, the Connecticut Department of Motor Vehicles will require the Ignition Interlock Device (“IID”) on a person’s car for a year after they serve a suspension. If they take the test and fail it, the person will have the IID in their car for 6 months after the failed test.
Biggest Mistakes in Drug DUI Cases
The biggest mistakes made by individuals charged with DUI’s would probably be going to court without a New Canaan DUI drug lawyer. A lot of people think that a DUI is not a big deal and try to do it alone. In the end, however, there would be several conditions put on the individual by the court during the case, and they risk a criminal record, conviction, and even jail time. Too many people have made that mistake, especially being charged with marijuana. They think it is not a big deal because it is technically legal in Connecticut and does not realize that it is relevant to whether or not they can be charged with a DUI.
Importance of Contacting a New Canaan Drug DUI Attorney
An individual definitely wants someone who can handle the court process from start to finish and the Department of Motor Vehicle process, if the person’s license is suspended. It is important to have a New Canaan DUI drug lawyer who has done these cases before and knows the best strategies. A skilled CT attorney can try to either get the DUI dismissed or get the best possible disposition under the circumstance.