A DUI stop is something that can be extremely stressful. This is true regardless of if you are intoxicated, or not.
While you can’t undo the fact you have been drinking (if you are, in fact, intoxicated) there are a few things you can avoid doing to ensure you don’t make a bad situation, worse.
Use the information here to help avoid complicating a DUI stop.
Don’t Refuse the Breathalyzer Test
While you may think it is a good idea to try your luck and go for a Field Sobriety Test, and refuse the Breathalyzer test, this isn’t always the best course of action. There are laws in every state that require you to have your license suspended if you refuse the breathalyzer – even if you haven’t been drinking.
Don’t Try to Antagonize the Police Officer
Did you know that even if you are just a passenger in the vehicle with someone who has been pulled over for DUI that you can be arrested? This may happen if you don’t comply with the officer’s instructions during the stop.
Don’t Have a Child in the Vehicle
In addition to looking like a total drunken idiot in front of your kids, if you have your children in the car when you are stopped for DUI, it can lead to an additional charge of child endangerment. This one stupid move may even put you at risk to lose your kids – don’t chance it.
If you are driving under the influence of marijuana, regardless of if it is for medical purposes, you may also get a DUI. This is true even for states where medical marijuana is considered legal. As a result, don’t flaunt your medical marijuana ID card.
Similar to marijuana that is legally prescribed, there are certain prescription medications that can leave you with a DUI charge, as well. As a result, don’t tell the officer if you are on prescriptions. However, you also don’t need to lie if the officer asks about what you take – as you may face charges for this if they find out you lied.
If you want to protect your rights when pulled over for DUI, then make sure to avoid the things listed here. This will help ensure you don’t make a bad situation worse than it has to be.
According to the DUI statute in Washington, drivers are prohibited to getting behind the wheel while under the influence of any drug or intoxicating liquor. Even though alcohol related DUIs are the most common types of charges seen, there are many people who are arrested and then charged with driving while under the influence of prescription medications, over the counter medications, methamphetamine, cocaine and even marijuana, after it was used along with alcohol.
According to RCW 46.61.502 it is illegal for a person to be in control of a vehicle while under the influence of any type of drug alone, or in combination with alcohol consumption. Even though marijuana DUIs aren’t as common as alcohol related ones, they need to be taken just as seriously. If a person is facing this charge, they should contact a defense attorney right away for assistance.
Determining if a Driver is Under the Influence of Marijuana
Anyone suspected of driving while under the influence of marijuana, or any drug for that matter, is going to be investigated differently than someone suspected of driving with a blood alcohol content that is over 0.8 percent.
Initially, an officer with additional training in drug recognition, who is called a DRE – drug recognition expert – is likely to be called to the scene. After this officer makes a decision regarding drug use and the driver, and it is determined they are under the influence, they will be arrested, and a blood draw will be done. If a person refuses to submit to the blood draw, then the same consequences of refusing a breath test will occur. The main effects of this refusal include administrative license suspension and the refusal being used as proof of guilt if the case goes to trial.
Hiring an Attorney
Being caught driving under the influence of marijuana or another drug is just as serious as being caught driving under the influence of alcohol. The consequences are just as real, and the penalties can be quite severe. As a result, the best thing a person accused for this crime to do is to hire a criminal defense attorney for assistance right away.
For those who are in a situation where they need legal services for a charge of driving while under the influence of marijuana, they can contact the staff at the Law Offices of Kim E. Hunter.