How Do You Prove Someone’s Driving While on Drugs?

A lot of people don’t realize that you don’t have to be drunk to get arrested for DUI. You can also be charged with DUI if you’re caught driving while under the influence of drugs. They think that the cops have no way of proving that you’re high at the time of your traffic stop. This is not the case.

Almost every state has laws against driving while under the influence of drugs. And, this isn’t limited to illegal drugs. If you’re prescribed certain drugs, you can be charged with DUI as well. For example, if you took too much of a certain drug, you may be considered intoxicated. You’re also responsible for driving on a medication that you’re not supposed to take if you’re going to be driving. The Idaho DUI statute specifically says that the fact that you’re prescribed a certain drug is not a defense to the charge of DUI.

Your Boise DUI lawyer knows the law. Over the last few years, they’ve had more clients be charged with DUIs for driving while under the influence of drugs. There is more awareness over the use of certain drugs, such as opiates, meth and anxiety medications.

While there are defenses to driving while under the influence of drugs, it won’t be easy to get the charges reduced or dismissed. Your DUI defense lawyer will do his best to get you the best deal possible.

What Does the DUI Law in Idaho Say About Drugs?

Like a lot of other states, Idaho’s DUI statute specifically says that you can be charged with DUI if you’re under the influence of drugs. You don’t have to be drunk to be arrested for DUI. Although it’s a lot harder to confirm your suspicions about drugged driving, it’s not impossible.

The DUI statute states that you can be charged with DUI if you’re found to be intoxicated by any substance, including drugs. These can be illegal drugs or prescribed drugs. Some of the drugs commonly associated with DUI include:

  • Marijuana
  • Methamphetamines (Crystal Meth)
  • Opiates (Heroin, Pain Medications, Suboxone, etc.)
  • Anti-Anxiety Drugs (Xanax, Valium, etc.)
  • Cocaine (Crack)

Police officers are specially trained to detect when someone is under the influence of any of these drugs. Sometimes, it’s very obvious. For example, people using opiates tend to have enlarged pupils, glassy looking eyes, and a sweaty, clammy appearance. People using crystal meth are jittery, nervous and can’t stay focused.

When the police pull you over for a traffic stop, they will immediately check to see if you’re under the influence of drugs or alcohol. They’ll arrest you for suspicion of DUI and you’ll be tested for drugs in your system. They will also check to see if you have any drugs on your possession or in your car. These drugs will be tested, sometimes at the scene, to see if they contain illegal substances.

What Are the Penalties for DUI in Boise, Idaho?

The penalties for drugged driving are similar to drunk driving. The only difference is that, if you’re caught with drugs on you, the prosecutor will also charge you with several drug offenses.

The penalties for DUI in Boise are as follows:

  • 1st Offense – Fines up to $1,000; Up to 6 months in prison; Suspension of license for 6 months
  • 2nd Offense – Mandatory 10 days to 1 year in prison; Fines of $2,000; Suspension of license of at least 1 year
  • 3rd Offense – Mandatory 30 days to 5 years in prison; Fines of $5,000; Suspension of 1-5 years with interlock device

As you can see, the penalties are expensive and may involve a lot of jail time. You’ll also have a mandatory license suspension of at least 6 months. Your Boise DUI defense lawyer will fight to get the lowest penalties possible.

Contact a Boise DUI Lawyer Today

If you’re arrested and charged with DUI, you need to call a Boise DUI defense lawyer immediately. You’re going to be facing some serious penalties. It can affect your job, your family and your day to day life.

Your lawyer can work with the prosecutor to get your charged reduced or dismissed. But, always prepare for the worst case and hope for the best. You will probably have to pay some fines. Your license will also be suspended.

Call and schedule a consultation with a Boise DUI lawyer today. There’s too much at stake to try to handle this yourself.

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