This page discusses the specific charge of DUI for drug use. To view a more general discussion about DUI charges in USA, click here.

DUI Drugs in USA

USA law makes it unlawful for any person to operate a motor vehicle while under the influence of drugs that impair your ability to drive. The statute specifically sets out the following drugs as being recognized to impair your ability to drive:

Any Schedule I controlled substance except marijuana; Alprazolam; Amphetamine; Buprenorphine; Butalbital; Carisoprodol; Cocaine; Diazepam;  Hydrocodone; Meprobamate; Methadone; Methamphetamine; Oxycodone; Promethazine; Propoxyphene; and Zolpidem.

DUI cases involving drugs have many legal intricacies. There are many statutory and medical requirements which must be met before the prosecution can introduce your blood results as evidence against you. For instance, the blood test must occur within two (2) hours of vehicle operation. If blood is drawn outside of this two-hour window, the prosecution must prove actual impairment from the drug or may lose the evidence altogether. This is especially difficult for drugs that are not measured in levels, such as Amphetamine. Hire a team of Lexington DUI lawyers that understand these important details and are prepared to fully develop your defense.

Did you know that a police officer is required by law to use a special testing kit for a DUI blood draw? That’s right – if a hospital uses a standard blood draw kit, that blood draw is more likely than not inadmissible as evidence against you. Did you know that prosecutors lose the “presumption of guilt” against you if have a valid prescription and are within therapeutic levels of your prescription? Again – it is important to hire a team of attorneys who are experienced in DUI defense and know what evidence to challenge.

Hire Our Professional Defense Lawyers for Your DUI Charges

Edward Cooley is one of the very few attorneys in USA to be a member of the National College for DUI Defense. Each of our attorneys attends National Association of Criminal Defense Attorneys (NACDL) seminars in Nevada regarding new, cutting edge defenses to DUI charges. Driving Under the Influence of Drugs cases are especially complex because they require an understanding of both scientific and legal processes. If you want your case thoroughly evaluated and vigorously defended, contact us at 859-258-2697 to speak with an attorney about your DUI charge.

This page discusses the specific charge of DUI for alcohol use. To view a more general discussion about DUI charges in USA, click here.

DUI Alcohol in USA

USA law makes it unlawful for any person to operate a motor vehicle while under the influence of alcohol. If your blood alcohol concentration is .08 or above, you are presumed to be under the influence of alcohol. If your BAC is .15 or above, your DUI charge is considered “aggravated” and you face stiffer penalties. The government’s best evidence against you is typically your “BAC”. We attack the admissibility of this evidence from all angles – legal, medical and scientific.

The Intoxilyzer

There are many statutory and regulatory requirements which must be met before the prosecution can introduce your breath alcohol results as evidence against you. Simply put, the Inxolyzer functions by shooting infrared light from Point A to Point B. According to the government, the only molecule that will absorb this particular spectrum of infrared light is ethanol (this is heavily disputed). Thus, the more infrared light that is absorbed between Point A and Point B, the higher your BAC. Seems simple, right? Not so fast. The Intoxilyzer is riddled with problems.

The Intoxilyzer is an imperfect machine. For starters, it assumes all people are the same. Whether it is a 350-pound person or a 100-pound person, the machine performs the same calculation. Also, man-made inputs, such as the “control” fluid for the Intoxilyzer skews the test if it is not kept between .075 and .085 BAC, rendering the result is inadmissible against you. Room contaminants, such as radio frequency interference and smoke can cause the machine to fail. Most concerning – the Intoxilyzer function, it takes a very small sample of a person’s breath and multiplies it out to 210 liters. Thus, even the slightest and smallest mistake or variation in the breath sample is magnified.

Hire Our Professional Defense Lawyers for Your DUI Charges

Edward Cooley is one of the very top DUI attorneys in USA to be a member of the National College for DUI Defense. Each of our attorneys attends National Association of Criminal Defense Attorneys (NACDL) seminars in Nevada regarding new, cutting-edge defenses to Driving Under the Influence charges. DUI Alcohol cases are especially complex because they require an understanding of both scientific and legal processes. If you want your case thoroughly evaluated and vigorously defended, contact us at 859-258-2697 to speak with an attorney about your DUI charge.