Recently, a Georgia woman was arrested by an officer who had received ‘drug recognition expert’ training. The woman passed the drug test, but had to spend a night in jail and temporarily lost her license to serve alcohol at a restaurant before her case was dropped. Drivers in the area have reported being arrested for driving under the influence of a controlled substance even when tests prove otherwise.
Many people that are pulled over by the police may have blood-shot eyes from allergies or being tired, have strange reactions to questioning because of nervousness, or have other reasons that would lead an officer to falsely think you’re on drugs. Unlike suspected alcohol use, drug-use cannot be proven on-site with a breathalyzer.
What Are Your Rights After Being Accused of Drugged Driving?
- Right to Refusal: A common response to an officer suspecting you of drug use is to deny that you are under the influence, and either continue to follow through with sobriety tests, or politely refuse them. However, a refusal can be used as evidence against you in court and could cause you to have your license suspended. A positive drug test isn’t an admission of guilt. A criminal defense lawyer can help prove that your positive results were inadequate in court, and defend your rights if you refused a test or are admitting guilt.
- Right to an attorney: You are not entitled to consult an attorney before providing a test sample under Texas law. A request to speak to a lawyer before testing may be considered a refusal. After you are arrested, consent to a drug test is implied unless you specify otherwise.
If you have been charged with driving under the influence, seeking the help of a Lewisville criminal defense attorney can help you fight for your rights in the courtroom. Many people are accused wrongly and have to spend time and resources fighting for their rights. Whether you have been wrongly accused or not, having an attorney on your side can help you get the best options for your case.
Lewisville DUI defense attorneys at Julian, Crowder & Shuster P.C. can handle your case. A DUI arrest is not a confirmation of guilt.