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 Johnson County 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 consultation with our firm today.