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Are you being charged with being under the influence of a controlled substance or illegal drug, and these charges could put your future in jeopardy? You need to not speak to any police officers or give any explanations or statements, and you want a legal consult before you admit or deny anything.
The lawyer will try to postpone or throw out the request for a blood test or urine sample, if one hasn’t already been taken. Unless the officer physically saw you use the drugs, they have to prove that the drugs are in your system. You need to know what drugs could get you in trouble, and what the outcome could be.
Marijuana will not be included in the drugs that the prosecutor will be looking for in a blood test or urine sample. Instead, they will be looking for the following:
If you have a prescription for any of these drugs and you were only taking the pills as directed, the lawyer will have their defense. If not, the lawyer will have to try to prove your innocence and get the charges dropped or reduced.
Criminal Charges and Sentencing
Those who are proven guilty of being under the influence of illegal drugs can face misdemeanor charges. If you are a first time offender, or you have had multiple offenses, either circumstance can affect your punishment. Expect any of the following:
If this is only your first drug charge your lawyer may be able to work out a plea deal, but if you have had multiple problems the sentencing may be more severe.
Evidence and Defense
Without a urine or blood test the officers are accusing you of taking drugs based on your physical appearance and behavior. If your behavior wasn’t anything that would draw attention, and the officers were trying to say you looked tired, dazed or stoned, your lawyer will fight the accusatory statements. Some of the following reasons may be used in your defense:
If you were taking medication for seasonal allergies, you were overly tired, you had just had a workout, or there are other reasons why you may have appeared under the influence, your lawyer will exploit it in your defense.
If you had possession of the illegal drugs on you at the time that you were searched and questioned by the officer, you will have a variety of other charges to worry about. If you had a firearm on you when you were accused of being under the influence, this could also be a more severe problem. If not, and the only thing that you are currently being charged with is being under the influence of illegal drugs, hope the officers don’t have any hard evidence that they can use, so your lawyer can fight the charges.