In Kansas, the laws which govern driving under the influence (DUI) prohibit
the use of drugs other than just alcohol. Many people may not know that
a driver may be guilty of DUI for operating a vehicle while having taken
any substance which impairs the ability to drive. This is true for illegal
drugs, such as marijuana, as well as drugs which can be legally purchased
including alcohol and prescription drugs. The medical need to take a drug
does not exempt users from DUI laws and many prescription drugs include
warnings about such activities.
The charges and penalties for a DUI conviction are governed by the same
legal statutes no matter which drug led to impairment. However, driving
while high can lead to charges in addition to those incurred for DUI.
A person caught with an illegal drug or controlled substance can face
any number of applicable drug charges such as possession, distribution,
or intent to sell.
Cases where a person is pulled over for driving under the influence of
drugs other than alcohol can often be more complex in other ways as well.
While common roadside tests exist to detect blood alcohol content (BAC),
proving driver impairment for other drugs is not always straightforward.
In many cases it is up to the administering officer’s discretion
in determining whether a driver is impaired. A good lawyer can help to
argue the subjectivity of drug impairment assessments.
What Should I do if I am Pulled Over?
An officer may be building a case against you from the moment you are pulled
over and it is vital to limit the information freely given to law enforcement.
If an officer asks you for information regarding your business that day
or asks for your consent to perform a vehicle search, you do not have
to comply. While it is important to remain polite and identify yourself,
if an officer continues their line of questioning, you can invoke your
Fifth Amendment right and remain silent.
Law enforcement officers will also likely attempt to administer a field
sobriety test. This is another common tactic that you are not obligated
to comply with. It may feel strange to deny the request of a person in
a position of authority, but you are well within your right to do so.
It should be noted that if arrested, officers may administer a chemical
test at a police station and denying this post-arrest substance test can
lead to the automatic suspension of your license. If you are arrested,
contact an attorney immediately.
Experienced DUI Defense Attorneys
If you are being charged with driving under the influence of drugs, it
can be difficult to know what you are supposed to do. Being arrested can
be enough to rattle anyone’s nerves but you do not have to go through
this experience alone. The Olathe criminal defense lawyers at Martin &
Wallentine, LLC know your rights and are only a phone call away. You do
not have to speak to law enforcement without the presence of your attorney
and our firm will do everything in its power to see that the charges against
you are reduced or dropped entirely. The sooner you contact us, the sooner
we can help.
Call (913) 323-2518 and schedule a free consultation with our firm today.