After an arrest for a DUI with drugs in your possession, it is important to understand the charges that police have filed against you. The best way to find out about potential consequences and how to defend yourself is to meet with a reputable criminal defense lawyer in Bloomington, Illinois. Your attorney can answer questions, assess your situation, and create a defense strategy that is most appropriate for your circumstances. Because you were arrested not only for a DUI but with drugs in your system and/or possession, the case can quickly become quite complicated.
Possible Defenses for a DUI with Drugs
Remember that just because you were put in handcuffs for a DUI with drugs, doesn’t mean that you are guilty. The prosecution will have to take you to court and prove beyond a reasonable doubt that you are guilty. The best way to get prepared for such a legal proceeding is to hire an attorney that is familiar with DUI and drug possession cases. After a consultation, an attorney may use the following defenses to try to protect you from the very worst repercussions:
- There was an error in chemical testing. You may have taken a breathalyzer and provided a blood or urine sample for drug testing at the time of your arrest. If there is a trace of illegal substances in your results, you can be charged for the offense. One common defense is for an attorney to challenge your results, such as claiming the sample wasn’t handled or tested properly, or the lab technician running your test wasn’t qualified to do so.
- The officer lost the drug evidence. Your attorney can request that the drugs obtained from you during your arrest are brought to the courtroom for your trial. In some cases, the arresting officer may have misplaced the drug in question. If the drugs became lost along the way, the judge may decide to dismiss your case.
- The officer unlawfully stopped your vehicle. This scenario happens all the time. An officer may have a “hunch” about a driver doing something illegal but don’t actually observe anything out of the ordinary. So instead of letting this suspicion go, they may halt the driver unlawfully without reason. Everyone who has a valid driver’s license and is driving safely has a right to operate their vehicle on the public roadway without law enforcement interference. If your rights were violated while being pulled over, any evidence gathered may become admissible during your trial.
- The officer did not properly collect evidence. If an officer collected evidence only through an unlawful search and seizure of yourself and/or your vehicle, then the judge may drop the drug possession charges against you. An officer cannot just look through your pockets, purse, glove compartment and trunk without your approval. But, anything obvious insight from standing outside the car window may be used against you in court (such as paraphernalia or drugs in a baggy on the passenger seat).
Thanks to Pioletti, Pioletti & Nichols for their insight into criminal law and drug possession charges.
