Understanding DUI Drug Charges in West Virginia
Driving under the influence of drugs, also known as DUI drugs, is a serious charge in West Virginia. These charges can stem from prescription medications, over-the-counter drugs, or illegal substances that impair your ability to drive safely. Unlike alcohol-related DUIs, there is no set limit for drugs in your system, making these cases highly dependent on evidence such as field sobriety tests, officer observations, and toxicology reports. Being charged with DUI drugs can have significant consequences, including license suspension, fines, and even jail time. Additionally, a conviction can have long-term effects on your employment, personal relationships, and reputation. Building a strong defense is essential to protect your rights and work toward the best possible outcome.Your Rights and the Importance of a Strong Defense
When facing a DUI drug charge, it is important to remember that you have rights. You are presumed innocent until proven guilty, and the burden of proof lies with the prosecution. This means the state must provide sufficient evidence to prove that you were driving under the influence of drugs. A strong defense begins with understanding the specifics of your case. Every case is unique, and the details matter. Whether the stop was lawful, the field sobriety tests were conducted correctly, or the evidence was handled properly can all play a critical role in your defense.
Harley Wagner
Defending West Virginia Residents for over 24 Years
Challenging the Traffic Stop
The first step in building a defense is examining whether the initial traffic stop was lawful. Law enforcement must have a valid reason to pull you over, such as a traffic violation or suspicion of impaired driving. If the stop was conducted without reasonable cause, any evidence collected during the stop may be inadmissible in court. Reviewing dashcam footage, police reports, and witness statements can help determine whether the stop was justified.Evaluating Field Sobriety Tests
Field sobriety tests are often used by officers to assess impairment, but they are not always reliable. Physical or medical conditions, poor weather, uneven road surfaces, or even nervousness can affect the results of these tests. Challenging the validity of field sobriety tests can weaken the prosecution’s case. Analyzing the officer’s instructions and your performance during these tests can reveal inconsistencies or errors that work in your favor.Scrutinizing Toxicology Reports
Toxicology reports play a central role in many DUI drug cases. These reports show whether drugs were detected in your system, but they do not always prove impairment. Some substances can remain in your body long after their effects have worn off. For example, marijuana can be detected days or even weeks after use. A thorough review of the toxicology report can help demonstrate that the presence of a substance does not necessarily mean it impaired your ability to drive.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.”
- Antea Jarazi
The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation."
- Savanna Cummings
Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you."
- Clint Anderson
Exploring Alternative Explanations
Sometimes, the symptoms that officers associate with drug impairment can have other explanations. For instance, red eyes or slurred speech could be caused by allergies, fatigue, or medical conditions. If there is an alternative explanation for your behavior or appearance, it can help cast doubt on the prosecution’s claims. Gathering medical records, witness statements, or other evidence can support your defense.Building a Strong Defense Strategy
A successful defense strategy involves carefully examining every piece of evidence and challenging the prosecution’s case at every step. This may include questioning the legality of the stop, the reliability of the tests, and the accuracy of the evidence. Each case requires a tailored approach, and a comprehensive defense can make a significant difference in the outcome of your case.The Impact of Officer Bias and Procedural Errors
Officer bias and procedural errors can sometimes influence the outcome of a DUI drug case. Law enforcement officers are required to follow strict protocols when conducting traffic stops, administering tests, and handling evidence. If these procedures are not followed properly, it can compromise the validity of the evidence. For instance, failing to calibrate breathalyzer equipment or mishandling blood samples could weaken the prosecution’s case. By closely examining the actions of law enforcement, it may be possible to identify errors or misconduct that support your defense.Related Videos
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