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Usually, when most people think of “UI” they immediately think of alcohol. However, driving under the influence of drugs (DUI drugs) – whether prescription or illegal — is just as serious an offense, and is garnering increased attention from prosecutors and jurisdictions across the nation.
The NHTSA developed the Drug Recognition Program to help address the growing concern over rug-related DUI offense. Before the program’s inception, authorities struggled to adequately prove that the suspect was DUI drugs at the time of arrest. Complex variables and influencing factors, as well as scientific issues in testing and identifying the presence of drugs made effective testing difficult. The Drug Recognition Program consists of specially trained experts who are dispatched to the scene to help determine the likelihood that the person being charged was under the influence of drugs.
While their preliminary findings can sometimes be helpful to the authorities, there is a lot of room for error. The experts are generally not medically trained, making it difficult or even impossible to distinguish between symptoms caused by rugs from those arising from medical or mental conditions.
In the case of prescription drugs, there is more room for human error. Because there is no per-se level for DUI Drugs, officers must prove impairment for an effective case. Cases have occurred where people have been charged with UI drugs even when properly taking the recommended dosages of their medication. Because Drug Recognition Experts most often know nothing of the individual they’re evaluating, they are unable to take into account the characteristics of the person before them, often leading to errors in judgment.
Like alcohol-related DUI charges, UI drugs cases can be effectively defended with the assistance of an attorney knowledgeable about the shortcomings of the system, and familiar with your particular situation. If you’re facing DUI drugs charges, contact an attorney with the expertise necessary to build a strong case in your defense.
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