Burke, VA DUI Defense Attorneys

Driving Under the Influence of Drugs

DUI charges may also apply if you are accused of driving after using drugs. The use of any drug or combination of substances that allegedly impaired your ability to drive safely could lead to drug DUI charges.

Drug-impaired driving cases may involve unique issues that will need to be addressed during a criminal case. The law does not always provide limits for the amounts of drugs in a person's system that will result in DUI charges, so prosecutors may need to prove that a substance actually impaired your ability to drive. The case may involve expert testimony and an analysis of the level of intoxication caused by a certain drug.

As more states have legalized marijuana, more people have been arrested for DUI based on the use of this substance. While marijuana is illegal for recreational use in Virginia, medical marijuana is permitted for certain patients. In cases involving allegations of driving while intoxicated by marijuana, prosecutors may encounter challenges in proving that THC, the active ingredient in marijuana, in your system caused you to be impaired. THC may be detectable in your blood or urine for days or weeks after using marijuana, and the presence of THC in your system does not necessarily prove that you were impaired while driving.

You could be charged with DUI based on the use of prescription medications, such as opioid painkillers, anti-anxiety drugs, sleep medications, or muscle relaxants. While a valid prescription is not a defense to DUI in cases where the use of a medication can cause impairment, our attorneys may take steps to show that you took the medication as prescribed, were unaware it would cause impairment, or were not actually impaired while driving.

Drug recognition experts can play a role in drug-related DUI cases. These law enforcement officers have training in identifying drug impairment. If you are arrested on suspicion of drug-impaired driving, a DRE may be called to evaluate you. Their evaluation may include a series of tests and observations, such as checking your pulse, blood pressure, and the dilation of your eyes, as well as observing your balance and coordination. While DREs are presented as experts, their evaluations are subjective.

Our attorneys will carefully examine the facts of a drug DUI case, reviewing the evidence involved in your case. We can consult with medical experts and toxicologists to challenge the prosecution's interpretation of test results and the evaluations made by DREs. We can also argue that medical conditions, fatigue, or other factors could explain your behavior rather than drug use.

Underage DUI and Zero Tolerance Laws

Virginia has a zero-tolerance policy for drivers who are not legally allowed to drink alcohol. Drivers under the age of 21 may be charged with DUI if they have a BAC of 0.02 percent or higher. This threshold is much lower than the 0.08 percent limit that applies to drivers over the age of 21.

The penalties for underage DUI can be serious. For a first offense, an underage driver may be charged with a Class 1 misdemeanor. They may face a minimum fine of $500 or 50 hours of community service and revocation of their driver's license for one year. If the underage driver's BAC was 0.08 percent or higher, may face the same penalties as adults who are charged with DUI.

Underage DUI convictions can have lasting consequences for young people. A criminal record can affect a person's college admissions, their eligibility for financial aid, and their future employment opportunities. Our team works to minimize the impact that DUI charges may have on the lives of young clients, exploring options such as first offender programs, reduced charges, or alternative sentencing arrangements.

Contact Our Burke DUI Defense Lawyers

While DUI charges are serious, you do not have to face them alone. The lawyers at Robinson Law, PLLC can provide you with the legal representation you need to protect your rights and your future. We have the knowledge, experience, and dedication to challenge the evidence against you and fight for the best possible outcome in your case. Contact our Burke, VA DUI attorneys at 703-844-3746 to set up your free consultation and get started building your defense.