How Is The Ignition Interlock Device Used In A Prescription Drug DUI?
That is a weird situation because it sounds funny, but the only way that you can get relief for driving during your summary suspension is with that monitoring device driving permit (MDDP) and that is even if the DUI is based on prescription drugs. So in order to be able to drive, you still have to have that breath machine installed in your vehicle. It does not make any sense particularly for prescription drug based DUIs because the breathalyzer cannot test for drugs in your system, it can only detect alcohol. But, unfortunately, that is the only alternative to just sitting out the suspension. The device is calibrated anything over 0.02% is going to give a negative signal to the home based monitoring company.
If you are over a 0.05%, you will not be able to start the car and there are various levels. For example, if you blow over 0.05% while you are driving because you do have to blow during certain intervals, the horn will start honking and the lights will start blinking. The monitoring company reports that to the secretary of state and so if you have a negative report, the state could revoke your driving permit and under some circumstances, it might be a separate offense. If you are blowing over 0.08% in your interlock device, you have some very serious problems ahead of you and it could form the basis for another DUI. The interlock device would not be admissible at trial, but still it would be a very negative fact that the prosecutor would be able to get their hands on this information and they would use it against you in any way possible.
How Much Do You Rely On Science When Preparing Defense Strategies For Prescription Drug DUI Cases?
The science only comes into play where there is a chemical test. I have spent a significant amount of time at different conferences and seminars learning how to approach and to dissect these chemical tests. It takes quite a bit of studying to learn all the procedures and to know what to look for, but it has paid off for my clients.
Why Is It Important To Retain An Experienced Attorney To Handle Prescription Drug DUI Cases?
The law is just a lot different in a DUI based on prescription drug charges. An attorney that does not have the knowledge and experience that I do is going to be at an extreme disadvantage. That attorney will not know what evidence is or is not admissible. Since the great majority of DUIs are alcohol based, a less experienced attorney probably would not even know that certain evidence can be excluded if certain pretrial motions are filed. When I get the evidence excluded in a DUI drug case, it makes it very difficult for the prosecutor to prove their case beyond a reasonable doubt. When I make things hard for the prosecutor and we have success in the case that makes my clients very happy. I am committed to producing extraordinary results for them.
What Sets Your Firm Apart In Handling Prescription Drug DUI Cases?
My knowledge and experience. I have had a lot of training on how to dissect and analyze the chemical tests; I have represented a lot of individuals charged with DUIs based on prescription drugs; and I am familiar with the law. That is really the key because the law is so much different than the law is for alcohol based DUIs. I am going to have a distinct edge over a lawyer who primarily deals in alcohol based DUIs only.
Additional Information Regarding Prescription Drug DUI Cases
Anybody who is interviewing a lawyer, I should say anybody who has been charged in a prescription drug based DUI and they are interviewing lawyers, they should just make sure that their lawyer has experience in dealing with these things, because it is very easy for lawyers to not familiar on how to handle prescription based DUI cases. It would be very easy for certain evidence to be admitted at trial that should not be. If that lawyer is not familiar with it, they would not know to ask to have it excluded or make a motion to have it be excluded and so an individual should make sure that their lawyer is familiar with these cases before they hire them.
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