Rockville Prosecutors in Drug DUI Cases
With the exception of a few hurdles or differences, the prosecution of DUI cases in Rockville are not greatly affected by whether the impairment was due to alcohol or drugs. In either case, the prosecution is trying to prove impairment over whether the impairment was a result of alcohol or drug consumption. To begin building a defense as soon as possible, call today and schedule a consultation with a Rockville drug DUI lawyer.
Hurdles For Prosecution in Rockville Drug DUI Cases
The one hurdle the prosecution has to deal with specifically in drug DUI cases but not in alcohol DUI cases is qualifying their drug recognition expert as an expert for the Field Sobriety Tests given to the defendant. That is an extra step which the prosecution has to take and which can be challenged to keep results out of evidence.
Additionally, if there is blood or urine screening associated with a particular case, the state must provide the proper foundation for the blood or urine screening to come into evidence. This is another challenge for them that we can use to our advantage.
For example, in blood or urine screening the prosecutor needs to provide verification that the person who drew the blood, the person who tested the blood, or the person who screened the urine are all available to testify before the court and have the proper credentials to do so. Often times those people are in a high position in a hospital and are not available to testify before the court.
Their lack of availability could keep that evidence from being admitted during trial. Retaining a Rockville drug DUI lawyer means that he or she will be aware of this caveat for your defense.
Trends in Drug DUI Enforcement in Rockville
Rockville police officers are still going to be using the same tools for determining whether or not somebody is under the influence of drugs or alcohol that they have been using since the beginning of time. Slurred speech, bloodshot and watery eyes, coherence, and the ability to produce a license and registration to the officer are all factors that help an officer determine whether to conduct an investigatory detention.
Even though marijuana is being decriminalized, it is very difficult to gauge how a person is affected by marijuana. Currently, it is much easier to determine how impaired a person is by alcohol than marijuana. This is because it is a much newer arena. For that reason, Rockville police officers are going to be extremely cautious in how they conduct investigations and arrests. They are likely to err on the side of giving Field Sobriety Tests and Drug Recognition Expert screening as opposed to simply letting suspects go.
Proving Impairment in Drug vs Alcohol Cases
It is more difficult to prove that somebody is under the influence of drugs than that they are under the influence of alcohol. Any drug results, particularly if there are blood screenings, are very difficult for prosecutors because of the number of witnesses needed to establish the foundation for the results and the results themselves. Beyond that, the officer needs to demonstrate that a person’s use of that drug is actually what created their impairment on that particular occasion.
Often individuals are able to provide another basis for their impairment that has nothing to do with the drug and that can be a very good defense. A DUID attorney in Rockville will be able to help someone put together such a defense, should it apply. It is much more difficult for a prosecutor to prove driving under the influence of drugs than simply driving under the influence of alcohol.
In alcohol cases, courts have become so familiar with alcohol concentration levels that they are very comfortable in making decisions just based on an alcohol level on a breathalyzer test. This is not as true for what they might see on toxicity screenings for the drugs in someone’s system.