Defending a DUI-Drugs Case in Northern Virginia
In many areas, DUI-drugs are more prevalent than DUI-alcohol. The problem is widespread. Over 40 percent of drivers in fatal crashes test positive for drugs. Because of this high percentage, law enforcement officers aggressively arrest “drugged” drivers. Sometimes, this aggression comes back to haunt the state in court, as officers collect little compelling evidence at the scene.
A lack of evidence is a very effective defense. If the state cannot convincingly prove each element of a DUI beyond any reasonable doubt, a Leesburg criminal defense lawyer can successfully resolve the case. This successful resolution often includes a not-guilty verdict at trial, a plea to a lesser-included offense (in some jurisdictions), or a complete dismissal of charges.
Field Sobriety Tests
Chemical tests are usually unavailable or inaccurate in DUI-drug cases. There’s no Breathalyzer for marijuana, prescription painkillers, and other drugs. A blood test could prove a defendant had drugs in his/her system. But those drugs may or may not have exclusively caused impairment, the legal standard in a DUI case.
Therefore, when these cases go to trial, the state must rely on circumstantial evidence, mostly from the three approved field sobriety tests. The FSTs have major reliability and accuracy issues.
- HGN: Under controlled conditions, the follow-my-finger horizontal gaze nystagmus test accurately spots nystagmus (involuntary pupil movements at certain viewing angles), an eye condition linked to substance impairment. But roadside HGN tests aren’t laboratory tests. Flashing squad car lights and passing headlights skew the results. Largely for this reason, many Loudoun County judges only admit HGN results for limited purposes.
- OLS: The one-leg stand is a divided attention test which measures physical dexterity and mental alertness. Physically, subjects must elevate one leg and stand completely still, usually for about fifteen seconds. Mentally, fatigued defendants must closely follow vague instructions. The combination makes it almost impossible for anyone to “pass” this test.
- WAT: The walk-and-turn (heel-to-toe walk) is another divided attention test that suffers from the same issues mentioned above. Additionally, officers sometimes “fail” subjects for physical conduct not prohibited, such as placing one’s hands in one’s pockets. Mentally, by this time, defendants are so fatigued and so scared that they usually cannot closely follow instructions.
Defendants have a Fifth Amendment right to refuse to perform FSTs or any other tests. They also have a right to refuse to speak with officers or roll down their windows at DUI checkpoints.
DRE Testimony
To bolster this weak circumstantial evidence, prosecutors often use testimony from a drug recognition expert. This tactic rarely works, if a Leesburg criminal defense lawyer handles things properly.
Usually, these “experts” are police officers who sat through a few police-sponsored seminars about the physical effects of drug use. DREs observe some physical effects, such as glassy or bloodshot eyes. However, lots of things could cause glassy or bloodshot eyes. As for field test results, DREs almost always take officers at their word.
To counter this testimony, a Leesburg criminal defense lawyer often partners with a degreed scientist or other expert who gives jurors a reasonable alternative version of events. A reasonable alternative version almost always prompts jurors to declare defendants not guilty beyond any reasonable doubt.
Work With a Hard-Hitting Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Convenient payment plans are available.
Source:
cdc.gov/mmwr/volumes/68/wr/mm6850a1.htm
