Defenses to DUI with Drug Charges

Prepare with Our Bakersfield DUI Lawyers

Understanding the charges the police are filing against you after you have been arrested for driving under the influence (DUI) with drugs is only half of the legal battle. Arguably the most important part of your legal fight has yet to begin: creating your defense against the prosecution’s claims. At Campbell Whitten, our Bakersfield DUI attorneys are creative, cutting-edge, and not content with thinking inside the box when it comes to making defenses for our clients. Call our firm at 661.735.1038 today to learn more about what we can do for you and your chances of achieving a successful outcome to your case.

Potential Defenses for Your DUID

When you are considering how you can contest what the prosecution is trying to pin on you in your DUI with drugs case, you must view it as something similar yet entirely separate from a traditional DUI accusation. Some of the rules still apply, and many others do not, and flexibility is key to finding success.

Consider the following forms of defense we could use to protect you from the law’s heavy hand:

  1. Chemical test error: A test to determine your blood alcohol concentration (BAC) level will not apply to a true DUI with drugs arrest, but they probably still conducted some sort of chemical test. If there is a single trace of an illegal controlled substance in the results, you can be charged. One defense is to challenge that result, as something that relies on an alleged quantity or test sample so slight cannot be dependable.
  2. No impairment: It is illegal for you to operate any vehicle while under the influence of any drug that could impair you. By showcasing that you were not impaired by the substance in question, illegal or otherwise, could clear up your DUI with drugs charges and have the case dismissed outright.
  3. Necessity: It is entirely possible – if not the most likely scenario – for you to need to take a prescription drug for your own health. Likewise, you probably need to drive somewhere to keep your job and earn an income. You should not be penalized when driving under the influence of a legal prescription or OTC medication is a necessity for your standard of living.
  4. Unlawful stoppage: There will always be a shadow of suspicion over any DUI case pertaining to why you were pulled over in the first place. Everyone with a valid driver’s license has the right to drive their automobiles on public roadways without interference. Police can only pull you over if they have reason to suspect you have committed a crime. If they do so without valid reason, your rights have been violated and anything resulting from the traffic stop may be inadmissible in court.
  5. Incorrect investigation: Collecting evidence is not a straightforward process. Permits, warrants, and proper procedures need to be followed by the police and investigators at all times. If they make a mistake, they must be held accountable and it must be allowed to be used to your advantage in court, if applicable.

Call 661.735.1038 to Get Started On Your Defense

The truth of the matter is that the best-sounding defense strategy is only speculation until it has actually been analyzed and compared with the details of your case. While our Bakersfield DUI attorneys can come up with intuitive and groundbreaking ways to protect your rights as someone who has been criminally accused, we cannot get far with our knowledge until we are allowed to put it to the test. Contact us today or fill out a DUI case evaluation form online so we can begin discussing your legal options in more detail.