Legally prescribed drugs such as Percocet, as well illegal drugs such as cocaine, are equally illegal to drive under the influence of in Cheshire (drug DUI). This is because Connecticut law does not distinguish between legal and illegal substances when it comes to DUI and instead focuses on intoxicants.
A Cheshire drug DUI have the same penalties as an alcohol-related DUI; however, it should be noted that it is harder to determine and prove a drug-related DUI than an alcohol one. This is because there is no breathalyzer for drugs, and the wide range of drugs, and the effects they have on people being so vast, makes it often quite difficult to determine impairment. For more information on Cheshire drug DUIs, keep reading.
DRE Examinations For Cheshire Drug DUI
In Connecticut, the method for determining impairment for drugs is a physical examination, and it must be performed by a Drug Recognition Expert (DRE) who has passed the Advanced Roadside Impaired Driving Enforcement (ARIDE). This allows for the DRE officer to have their determination admitted into evidence in a DMV hearing or in a criminal court. While the DMV or the court will give weight to the DRE’s findings, it is possible to defend against the findings. A drug DUI defense lawyer can work to undermine the DRE’s findings in many cases.
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The physical examination is evolving in the state of Connecticut and being refined, but currently, it consists of approximately 12 steps. The test begins with the DRE interviewing the arresting officer and conducting a preliminary investigation of the facts. After this, the DRE will conduct a breathalyzer test, pulse check, and eye examination.
After this, the DRE will conduct a divided attention psychophysical test, a vital signs check, and a second pulse check. Then the DRE will do a second eye exam, examine the suspect’s muscle tone, check for injection marks, and conduct a third pulse check. In closing, the DRE will get a statement from the driver, request a toxicological test through urine or blood, and then determine the level of impairment.
After one is arrested for a Cheshire drug DUI, there is a chance of jail time, probation, fines, community service, treatment requirements, and ignition interlock device requirements. Penalties may be doled out by the court system and the DMV. These punishments can be quite severe and have an impact on the personal and professional life of the person who is charged. It is always best to have legal representation when dealing with a criminal matter. To speak with an attorney who can help, contact Lady DUI today. We are here to answer your questions and help you through this situation.