The courts regularly use BAC test results to prove intoxication in DWI and DUI cases. You could be convicted of DWI if your BAC was at or above the legal threshold for intoxication (.08%). But you can also be convicted of a DWI for drugged driving or driving under the influence of drugs (DUID). BAC tests measure blood alcohol content. So, how does law enforcement test drugged drivers, and how does the prosecution prove drugged driving? As drug use—and abuse—is becoming more common and even mainstream, answering these questions is more important than ever.
You could be charged with driving under the influence of drugs (DUID) if you were driving impaired and had a detectable amount of drugs in your blood system at the time. The amount you consumed is irrelevant. Whether you were impaired by the drug at the time you were driving is the key component here. Blood tests are typically used to establish the presence of drugs in a suspect’s system, although there are no “blanket” drug tests that test for all drugs simultaneously. Rather, the person analyzing the blood sample will perform a battery of tests to check for the presence of certain drugs.
Degree of Error
Blood samples must be drawn in a lab (often a hospital) by trained technicians and the analysis must be run according to the standard used for any type of lab test. In court, a jury is more likely to believe laboratory tests than your testimony. But, what a jury might not know is that even lab tests can present a false narrative. In fact, the rules and procedures for obtaining, storing, preserving and analyzing blood samples in DWI/DUI and DUID cases are incredibly stringent. Any deviation from these ridged standards can result in a tainted, and potentially inadmissible, test result.
The Legal Limit
Currently, there is no standard “legal limit” in DUID cases in Missouri, making them potentially easier to defend. There is no specific point at which impaired driving is implied based on the test result alone. Furthermore, the way our bodies process drugs can vary. It is possible, a good DUID defense attorney could argue, that though a blood test shows evidence of drugs in the defendant’s system, the defendant was, in fact, no longer impaired by the drug at the time he or she was driving. It goes without saying that these cases can also be very complicated because there are many different types of drugs, each with unique characteristics, half-lives and side effects.
If you are facing charges for a DUID, immediately contact a Missouri DWI/DUI defense attorney for assistance. It’s vital you involve an attorney right away to ensure you can obtain the results of your blood test as soon as possible so you can formulate a defense.
No one should face DUID charges alone. If you need trusted legal guidance in Cass County, Kansas City or the surrounding areas, the Missouri DWI & Criminal Law Center at the Benjamin Law Firm, LLC can help. The attorneys at the Missouri DWI & Criminal Law Center have the skills and experience needed to guide Missouri residents through some of life’s most challenging moments. Trained at the nationally renowned Gerry Spence Trial Lawyers College and mentored under award-winning trial attorney and firm founder Kim Benjamin, you can trust our attorneys will fight with determination to get you the best outcome possible. Call our office at 816-322-8008, email us at email@example.com or fill out our confidential online form to schedule a consultation with one of our fierce legal advocates today.