New Canaan DUI Drug Case Process
If you were charged with a drug DUI, you should contact a top DUI drug lawyer as soon as possible. The best CT lawyers understand the New Canaan DUI drug case process and could use their knowledge to help you build an effective defense. Call today to schedule a consultation and discuss your case.
Similarities Between Drug and Alcohol DUIs
The New Canaan DUI drug case process is identical to the alcohol case process, for the most part. If there is a drug DUI trial, the one thing that could make it a bit more difficult for jurors is the lack of a “magic number” that makes someone legally over the limit to drive. In a DUI alcohol case, a person is legally intoxicated if his Blood Alcohol Content (“BAC”) is .08 or above. The jurors know if they hear that the defendant had a BAC of 0.11, that defendant is over the legal limit. There is no standard like that for drugs. It is a gray area for the jurors trying to decide whether or not the person is guilty. They have to depend a lot more on the observations of the defendant and the opinion of the expert toxicologist.
Effects of Marijuana Legalization on Drug DUIs
Police officers in Connecticut are probably on the lookout for marijuana DUIs even more now that people are possessing marijuana more in small amounts. Police officers know that people have to drive, and they might be smoking and driving more now that marijuana is legal. If anything, police officers are looking more aggressively for people who are driving under the influence of marijuana. They take all DUIs seriously, regardless of whether the substance is marijuana, alcohol, prescription drugs, or something else.
The state needs to prove two things for a drug DUI conviction: that the person was impaired by a drug and that they operated a motor vehicle. The state would not have to prove that the person was purposely impaired, only that the person did those two things.
In order to prove impairment, the person’s behavior is relevant. Much of the state’s proof will be based on the police officer’s observation of the person. For example, officers will observe individuals to see:
- What their eyes were doing
- If their pupils were dilated
- If they were falling over
- If they were attentive and able to articulate sentences
The police officer will have to write a report and testify at trial to articulate those observations for the jurors to consider.
Legal Defenses For DUI Drug Charges
Even if the person did have enough drugs in their system for a positive blood test result, defense attorneys could work with expert toxicologists to prove that even given those numbers, the person was not impaired. It is important to have a toxicologist explain to the jury how, despite the blood test results, the person was not breaking the law.
Call a Top New Canaan Criminal Defense Attorney
If you have been accused of a drug-related DUI, call a DUI drug lawyer today. An attorney could stand by you through every step of the New Canaan DUI drug case process and work towards an optimum outcome. Call today to set up a case review and begin building your defense.