Drivers could be impaired for many reasons beyond drinking too much. They can be tired, ill, or simply in a bad mood. Almost anything can distract you and slow down your reaction times.
Drivers can also be hampered by completely legal, socially acceptable drugs. Too much coffee, for instance, can make you aggressive and impulsive, traits that you don’t want on the road.
To the surprise of many, the use of legal substances could lead to DUI charges. Here are two reasons why.
1. Officers Often Rely on Their Discretion
When it comes to a DUI arrest, police have many tools at their immediate disposal. For instance, they are often equipped with breathalyzers. These devices are not foolproof, but they can give the authorities enough evidence to secure an arrest.
When it comes to making a DUID (driving under the influence of drugs) arrest, the police have fewer options to build their case. Many drugs don’t leave a smell, and it may be difficult to find contraband.
Police can simply believe someone is high to accuse them of driving under the influence. They may judge someone’s behavior, speech patterns, and more. If you take legal prescriptions, drink a cup of kava, or have too much caffeine, the police could make a formal DUID arrest.
2. Drug Testing Is Incomplete
When the police pull you over, they are not carrying devices that can detect drugs in your system. Even blood tests can be unreliable. They can reveal trace amounts of a drug, even when someone is sober. Furthermore, testing doesn’t account for every illegal drug on the market.
Therefore, police must draw their conclusions without hard evidence. If they know you are on a certain medication, they can connect your driving behavior to that medicine. Even when their evidence is flimsy, the authorities can move your case forward. You must secure a good lawyer to prove that you were sober at the time of your arrest.
What to Do When You Are Pulled Over
Whenever you are pulled over, it’s because the police believe you broke the law. Perhaps they think you were speeding, or maybe you were all over the road, weaving between lines.
The second cops stop a suspect, they usually try to determine whether that person has been drinking. Often, they use clever questions, attempting to trap someone to incriminating themselves. They might directly ask you, “How much have you had to drink?” Maybe they’ll point to your cupholder and inquire, “What do you have in that thermos?”
If you are stopped by the police for any reason, the best thing you can do is remain silent. You may need to answer some standard identification questions, but beyond that, you are not obligated to tell them anything else.
Remember, the suspicion is all it takes to get arrested for driving under the influence of drugs. Any information you give police could be used against you. Don’t tell them what’s in your cupholder, even when it’s water. If the cops can link anything in your system to your driving, they can slap you with a DUID.
At best, the cops may have no choice but to let you go, having nothing against you. At worst, they could charge you with a traffic violation. Even if they want to accuse you of reckless driving, which is a serious crime, that’s a much better outcome than being accused of a DUID.
If you are charged with any driving violation, from running a stop sign to driving under the influence, you should seek legal counsel. You always have a right to a defense, and you are innocent until proven guilty. You should exercise your rights whenever you can.
If you’ve been accused of driving while intoxicated, our firm can help. For a free consultation, contact us online on call us today at (540) 386-0204.