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While DUI arrests are typically related to the consumption of alcohol, it is also unlawful to operate a motor vehicle under the influence of narcotics or other controlled substances. These DUI cases can be challenging for the state, as tests measuring drug impairment are not readily available like they are for alcohol.
If you have been pulled over under suspicion of impairment, now is the time to seek help from a dedicated defense attorney. The skilled legal professionals at our firm could help defend you so that you receive the most favorable outcome possible. Let a Minneapolis drug DUI lawyer advise you on your strategic options.
Any intoxicating substance can result in an arrest for driving under the influence. Unlike with alcohol, measuring the amount of drugs in a person’s system is not always easy. However, that does not prevent the state from pursuing criminal charges. Some drugs that may lead to an arrest include:
It is important to speak with a Minneapolis attorney immediately following an arrest for a drug DUI. Minnesota is a “zero tolerance” state when it comes to driving under the influence of drugs, which means even the suspicion of intoxicated substances in a person’s system can lead to their arrest.
These charges are handled differently than ones involving alcohol, where the amount in a person’s system is relevant. For instance, it is possible for someone to get out of a DUI with alcohol so long as their blood concentration is below the legal limit of .08 at the time the test was taken. This is not the case with controlled substances, where any presence of a drug can lead to charges.
While it is common to assume this offense is limited to the abuse of narcotics, it is possible to face DUI charges for prescription medications as well. Permission from a doctor to take a drug does not mean it is safe to drive after consuming it. Everything from pain medication to sleep aids can have a detrimental impact on one’s driving capabilities.
It is worth noting that prescription medication may serve as an affirmative defense, so long as the accused took it as directed by a doctor. For this strategy to be effective, there must be medical evidence that the impairment was an unexpected result.
When a person is convicted of this offense, they face a number of potentially serious penalties. The primary concern for most people is the risk of incarceration. First-time offenders could face a maximum of one year in jail, although most will not serve time at all. However, subsequent offenses can lead to much longer sentences. Aside from incarceration, other penalties include:
It is worth remembering that these penalties only come into play when a person is convicted. A Minneapolis drug DUI attorney could develop a strategy that results in an acquittal at trial.
If you were arrested on drug DUI charges, your defense strategy is crucial. The sooner you speak with legal counsel, the more time your team has to determine the right approach.
Securing a successful outcome is not always easy, especially on your own. Contact a Minneapolis drug DUI lawyer today and schedule a private consultation to get started.