Marietta DUI & Drugs Lawyer
Driving Under the Influence of Drugs & Narcotics
Have you been arrested for driving under the influence of drugs?
DUI is not limited to drinking and driving, but also includes cases of drugged
driving, whether it involves illegal street drugs such as
cocaine or prescription medications. The use of any type of drug or medication
which impairs or interferes with the driver's ability to safely operate
the vehicle may potentially lead to an arrest and conviction, with harsh
penalties for the offender.
Drugged Driving Field Sobriety Tests
The police officer who suspects that a driver may be under the influence
of drugs or medication may request the individual to undergo the three
field sobriety tests, including the horizontal-gaze nystagmus, the one-leg stand, and the walk-and-turn.
If any of these tests make it appear that the driver's perceptions,
coordination, and motor skills are impaired, the suspect may be arrested.
Remember that you have the right to refuse field sobriety tests. Refusing
these kinds of tests comes with no legal consequence, but the officer
may still be able to arrest you on suspicion of driving under the influence
of drugs or other substances. At the same time, a skilled DUI lawyer may
use this to strengthen your defense—your refusal is not itself evidence
of any criminal offense!
Chemical Tests for Drugged Driving
You also have the right to refuse chemical tests if the officer asks you
to submit to one. However, refusing chemical BAC tests like urine, blood,
or breath tests are punishable under the law of implied consent. If you
refuse, the officer may take your driver's license and issue you a
temporary permit. If this happens, you will have 10 days to request a
hearing with the Georgia DDS. If you fail to request this hearing in time,
your driver's license may be suspended for up to one year.
Even if you refuse, the officer may still be able to secure a warrant from
a magistrate that allows them to take a
blood sample. Because of this, it is not always a good idea to refuse the test—this
may vary on the circumstances of each situation. In any case, reviewing
your DUI case with an experienced attorney may help you take the most
effective legal action to protect your rights in court. Our criminal defense
team in Marietta has defended countless individuals in their Georgia DUI cases.
The Firm Handles Drug DUI Charges & More
When you have been charged with drugged driving, do not hesitate to contact
a criminal defense lawyer from
Henrickson & Sereebutra, LLC for help. The team at the firm is composed of
former prosecutors who share forty years of combined experience, and they are ready to begin
working on your case today. It might be possible to have your charges
dismissed by proving that there were errors in the testing procedure,
or by demonstrating that the police officer violated your Constitutional
rights by pulling you over without probable cause.
Even if this cannot be done, a criminal attorney may be able to negotiate
a favorable plea bargain, such as a reduced penalty and participation
in a Drug Use Risk Reduction Program with the Georgia Department of Driver
Services. Legal help may be available to you, so do not hesitate to get
in tough with a qualified DUI lawyer in Marietta before it is too late!
Call our Marietta criminal defense attorneys today!