Snohomish County DUI of Drugs Defense Attorneys
DUI of Drugs
It is against the law for a motorist to be under the influence of drugs while operating a motor vehicle. The Revised Code of Washington (RCW) 46.61.502 states that:
- A person is guilty of driving while under the influence of intoxicating liquor or any drug if the person drives a vehicle within this state…and that person is under the influence of or affected by intoxicating liquor or any drug; or while the person is under the combined influence of or affected by intoxicating liquor and any drug.
However, there are instances where accusations of DUI of drugs in Washington are ultimately unfounded. For example, faulty test equipment can deliver inaccurate results. Coupled with other evidence, such as possession of narcotics, inaccurate test results can lead to serious repercussions if law enforcement officials unreasonably jump to conclusions rather than examine the actual details of the case.
Possession of narcotics does not indicate drug use while driving, nor should it. Granted, though possession of illicit substances can indicate a propensity for drug usage, it cannot be determined whether or not that usage necessarily occurs before the operation of a motor vehicle, unless a drug test is conducted and properly administered on site and that test shows that drug usage has taken place.
However, such tests may reveal a usage of substances that are perfectly legal, and are in fact obtained through a doctor’s prescription. Though mind altering medication should not be taken prior to operating a motor vehicle, it should not be considered as dangerous or wanton as the use of illicit drugs would be prior to said operation. Simply stated, tests administered by law enforcement officers can show that drugs of some kind are in the body, but they cannot explain why those drugs are present in the first place. There are a number of facts that need to be taken into consideration, particularly in driving under the influence cases that center around drug use.
At McNeese & Trotsky, our Tacoma DUI attorneys will examine every aspect of your case, and will seek to find discrepancies in arrest procedure that can help lead to reduced or dropped charges. Please call us today for a free consultation, and our skilled Washington DUID attorneys will begin working towards the best possible outcome in your case. Drug possession and driving under the influence of drugs are two completely different things, and our knowledgeable lawyers will help demonstrate that.