Drug DUI Stops in Rockville
Drug DUI cases are certainly different from regular DUI cases because they are more complex. They are more complex in the way the evidence is gathered but also in the way the evidence becomes admissible in court. In fact, a Rockville drug DUI lawyer who has experience handling Drug Recognition Expert cases will be able to identify defenses which could suppress evidence far more easily than in a regular alcohol-related DUI case.
General Drug DUI Traffic Stop Process in Rockville
The DUI stops for driving under the influence of drugs are usually not different in the way that they start. They usually start with some kind of traffic violation. When they become different is if an officer observes upon approach that the person is incoherent, not making any sense, and does not smell like alcohol. The Rockville police officer might feel they failed the Field Sobriety Tests for coordination or may be otherwise unsatisfied with how they are performing. The officer may then ask them to perform a breath test and see that they have no alcohol in their system.
At that point they arrest them for driving under the influence of drugs and take them to the police station. Usually at the police station a specialized officer who has training in drug recognition, called a Drug Recognition Expert, will be called to the police station to administer a different set of Field Sobriety Tests to that individual. That different set of Field Sobriety Tests will help an officer determine if there is enough information to actually criminally charge the person. Sometimes urinalysis screenings as well as blood screenings will be administered to determine the type of drug as well.
Signs of Drug Impairment Police Look For
A Rockville police officer might look to the person’s demeanor when he or she is pulled over. How they are responding to the officer’s questions, whether or not they have bloodshot or watery eyes, whether they are able to focus, whether they have an odor of an illegal substance in their vehicle, or whether something indicating drug use is visible where the officer can see it, like prescription bottles. The officers might inquire whether the individual has consumed any drugs. Sometimes people say that they have and sometimes they deny it.
Nonetheless, standardized Field Sobriety Tests associated with alcohol-related arrests are not usually the same as the Field Sobriety Testes associated with drug arrests. A Drug Recognition Expert will be called to the scene of the arrest or the police station immediately after the arrest to conduct these tests on an individual. The tests help determine their coordination and the relationship to being under the influence of certain drugs or prescription medications.
Drug DUI Enforcement in Rockville
They are certainly a priority, but no more a priority than alcohol-related DUI arrests. All DUI arrests generally start in the same way, either from some sort of a traffic violation or some sort of a traffic checkpoint. How an officer chooses to respond to a DUI, whether because of influence of drugs or influence of alcohol, is usually going to be the same. It is taken very seriously and the investigation will take place immediately after the officer makes contact. Then a determination is made about whether there is probable cause to charge that person with Driving Under the Influence.
Marijuana DUI Stops
Marijuana cases are different because marijuana is legal in certain circumstances. It is unclear exactly how impaired somebody must be to be charged with Driving Under the Influence of marijuana. Police officers in Rockville will conduct Field Sobriety Tests through a Drug Recognition Expert to determine coordination and impairment, when someone was behind the wheel of a car and under the influence of marijuana.
These cases are often difficult for police officers and for prosecutors to prove because coordination could be influenced by marijuana, but could be influenced by many exterior factors as well. It is important to talk to your attorney about other medical conditions from which you suffer, including coordination issues. An attorney can help you determine the best defenses as you go forward if you are charged with driving under the influence of drugs.
You do not have to consent to a vehicle search during a DUI stop. There are no repercussions. The officer must have a warrant or some other basis to search the car. He cannot search without your consent, a warrant, or some other basis.