Driving Under the Influence of Drugs
If you have been arrested for driving under the influence of alcohol or drugs, you'll most likely be tested at the time of the traffic stop by a Drug Recognition Expert (DRE). DREs are specially trained law enforcement personnel who look for specific signs of impairment that indicate recent drug use. In addition to the DRE, law enforcement may also use other methods, including blood tests to determine your level of toxicity. These procedures are not based on medical knowledge, but are intended to assess the driver's level of impairment at the time of the stop or arrest.
A police officer's job is to determine whether a person is driving under the influence of drugs or alcohol. The tests, known as field sobriety tests, are conducted by officers on the side of the road. If the driver refuses to take a drug or alcohol test, he or she will probably be arrested and charged with a DUI. You're not required to take any field sobriety test by law, but you are legally obligated to submit to chemical tests that look for drugs and alcohol under what is known as "informed consent."
A police officer can also use standardized field sobriety tests to determine if a suspect is under the influence of drugs or alcohol. A field sobriety test involves moving a pen in front of the eyes to check for nystagmus. If the suspect cannot keep a steady gaze or is unable to follow the pen, the officer can call in a drug recognition expert.
While these tests are not exact, they can help law enforcement determine if the driver is under the influence of drugs or alcohol, and they will be used against you in court. The blood-alcohol content of a driver is one of the main factors used to determine if someone is driving under the influence of alcohol. These tests can also be used to determine whether a driver is under the influence of drugs while operating a motor vehicle.
A police officer can place a suspect under arrest based on observations and if they have reason to believe that a person is under the influence of drugs. The officer will write a report and submit that as part of their evidence package. The officer will then be called to testify at trial. This is important evidence for prosecutors to prove the case.
The officer may stop a driver on the road because he or she has probable cause to suspect that the driver is under the influence of drugs. In such cases, the officer will typically perform a preliminary breath test for alcohol and Standardized Field Sobriety Tests for drugs. In addition, a law enforcement officer will perform evidentiary testing for drugs post-arrest at the police station.
If you have been cited or arrested for driving under the influence of drugs, call the DUi lawyers at Johnson Criminal Law Group for a free consultation. We will evaluate the facts you present and give you an honest assessment of your case. Our goal is to help you get the best outcome in your legal matter.