Call Combs Waterkotte immediately at (314) 900-HELP or reach out online to schedule a free consultation with an expert DWI defense lawyer who can provide legal advice and guidance on next steps. The Combs Waterkotte DWI legal team has over 40 years of experience and has successfully handled more than 10,000 cases just like yours.
Here’s how a Combs Waterkotte DWI lawyer can defend you against these charges.
Understanding Drugged Driving Charges
It is illegal to operate a motor vehicle if you are impaired by drugs. Drugged driving charges fall under the same category as DWI charges related to alcohol, and the penalties can be just as severe. A DWI conviction for drug use can result in fines, jail time, license suspension, and a permanent criminal record.
One of the unique challenges in drugged driving cases is that, unlike alcohol, there is no straightforward measurement like blood alcohol content (BAC) for determining impairment. Drugs affect individuals differently, and impairment is more subjective. This is where a skilled lawyer can make a significant difference.
Challenging the Evidence
A critical part of your defense will involve challenging the evidence presented by the prosecution. In drugged driving cases, police often rely on observations of behavior, field sobriety tests, and blood or urine tests to prove impairment. However, these methods are not foolproof, and an experienced lawyer can scrutinize them for weaknesses.
- Unreliable Field Sobriety Tests: Field sobriety tests, such as walking in a straight line or standing on one leg, are often used by police to assess impairment. These tests are highly subjective and can be influenced by factors like nervousness, fatigue, or even medical conditions. A Combs Waterkotte lawyer can challenge the accuracy of these tests and argue that they don’t provide solid evidence of impairment.
- Questioning Blood and Urine Tests: Unlike alcohol, where BAC levels are well-established markers of intoxication, drug tests are more complicated. Drugs can remain in your system long after their effects have worn off, meaning a positive test doesn’t necessarily indicate impairment at the time of driving. For example, marijuana can show up in your system days or even weeks after use. A lawyer can argue that the presence of drugs in your system doesn’t equate to being impaired while driving.
Probable Cause for the Traffic Stop: For any DWI or drugged driving charge to hold up in court, the police must have had a valid reason, or probable cause, to pull you over. If the traffic stop was illegal, any evidence gathered after that stop may be inadmissible in court. A lawyer will review the circumstances of the stop to determine if your rights were violated and whether the evidence can be suppressed.
Building a Strong Defense
An experienced DWI and drugged driving lawyer will investigate every detail of your case to build a strong defense. This includes:
- Reviewing Police Reports: Your Combs Waterkotte lawyer will carefully examine the police reports to identify any inconsistencies or procedural errors.
- Hiring Expert Witnesses: In some cases, your attorney may work with toxicologists or other experts to challenge the prosecution’s evidence or offer alternative explanations for your behavior at the time of arrest.
- Negotiating Plea Bargains: If the evidence against you is strong, a lawyer can negotiate with the prosecution for a plea bargain that results in reduced charges or penalties. In some cases, you may be able to avoid jail time through participation in a diversion program or drug treatment.
Protecting Your License and Future
One of the immediate consequences of a DWI or drugged driving charge is the potential loss of your driver’s license. In Missouri, you have 15 days from the date of your arrest to request a hearing to challenge the suspension of your license. A lawyer can help you navigate this administrative process and represent you in the hearing, giving you a better chance of retaining your driving privileges.
Additionally, a conviction for drugged driving can have long-term effects on your employment, education, and future opportunities. A lawyer will work to minimize these consequences, either by fighting the charges outright or negotiating a more favorable outcome.
Being charged with drugged driving or DWI is a serious matter, but it’s not a battle you have to fight alone. A skilled lawyer can challenge the evidence, protect your rights, and build a strong defense to help you avoid the harsh penalties of a conviction. If you’re facing a DWI or drugged driving charge, don’t hesitate to seek legal representation as soon as possible to give yourself the best chance of a positive outcome.
Call Combs Waterkotte now at (314) 900-HELP for a free consultation.