Charlottesville Drug DUI Lawyer

You may think of driving under the influence (DUI) as a charge related to excessive alcohol consumption, but it may also involve impairment by an array of drugs. These include illegal substances as well as prescription narcotics and over-the-counter medications, such as pain pills your doctor orders or any medicines with side effects of dizziness or drowsiness.

Virginia legislators take impaired driving seriously, and the state law governing it is vague, making it essential to consult an experienced DUI attorney for help building a strong defense. If you have been stopped, ticketed, or arrested because the officer interpreted your actions as the result of narcotics impairment, reach out to a Charlottesville drug DUI lawyer at La Fratta Law to discuss your case.

How Does State Law Define Illegal Impaired Driving?

Virginia Code §18.2-266 defines illegal drugged driving as operating a vehicle under the influence of:

• Any narcotic
• An intoxicant or drug that impairs your ability to operate a vehicle safely
• Alcohol and any drug impairing your ability to drive like a reasonable person
• An intoxicating substance resulting in a blood concentration of at least 0.02 milligrams of cocaine per liter of blood
• An intoxicating substance  resulting in a blood concentration of at least 0.1 milligrams of methamphetamine per liter
• An intoxicating substance  resulting in a blood concentration of at least 0.01 milligrams of phencyclidine per liter
• An intoxicating substance  resulting in a blood concentration of at least 0.1 milligrams of 3,4-methylenedioxymethamphetamine per liter

This is not an all-inclusive list. You can also be charged with drug DUI if the investigating officer believes you are impaired by opiates, amphetamines, marijuana, and other altering substances such as sleep medications. Charlottesville attorney Michael La Fratta has experience successfully handling every type of drug DUI and can help you determine your legal options during an initial consultation.

Evidence That Law Enforcement Gathers for Drug DUI Cases

Prosecutors must prove a drug DUI case beyond a reasonable doubt. However, because drugs do not register on breathalyzer tests like alcohol does, they must rely on more subjective evidence, such as:

• Witness testimony
• Police statements about your appearance
• Field sobriety tests
• The smell of certain drugs on your clothing, such as marijuana.

Blood tests are used in drug DUIs, but an attorney could challenge all evidence that may harbor doubt, including improper procedure during a blood test. We may argue that struggling to walk a straight line during a field sobriety test could be due to balance issues, or that garbled speech could be because you are diabetic and your sugar level has plummeted. You have a constitutional right to contact a drug DUI attorney in Charlottesville before you answer any incriminating questions the police ask.

Penalties for DUI

A first DUI conviction is a misdemeanor and can result in up to a year of jail time, a fine of up to $2,500, or both. The minimum fine is $250.

In contrast, a third DUI within 10 years of a first conviction is a Class 6 felony with potential consequences of one to five years in prison, a fine up to $2,500, or both, with a minimum fine of $1,000 and a mandatory 90 days in jail. If the three offenses occur within five years of the first, the mandatory minimum amount of jail time is six months. Any subsequent DUI conviction is also a Class 6 felony with the risk of your vehicle being seized. A Charlottesville defense attorney could answer any questions you have about a drug DUI case and the penalties you can expect to face during your case evaluation.

Contact a Charlottesville Lawyer About a Drug DUI Accusation

La Fratta Law combines the hospitality and care that small law firms are known for with the resources and legal skills of a larger firm. Our team will never treat you like a number. Instead, you are treated like family. If you have been charged with intoxicated driving, do not leave your future to chance. Reach out to our Charlottesville drug DUI lawyer now for help.