Elements of a Darien DUI Drug Case
For the most part, alcohol-related DUIs and drug DUIs are identical in terms of the case process. If there is a trial, the one thing that could make a drug DUI a bit more difficult for jurors is the lack of a standard number that classifies someone as legally over the limit to drive.
In an alcohol-related DUI case, a person is legally intoxicated if their blood alcohol content (BAC) is .08 or above. However, no standard like this exists for drugs. There is a gray area for the jurors trying to decide whether the person is guilty. They often must depend more on the observation of the defendant and the opinion of the expert toxicologist.
Beyond that, there are other specific elements of a Darien DUI drug case that an individual should be aware of when facing such a charge. To build a defense and help lessen any potential consequences, an individual should consult with a Darien DUI attorney as soon as possible.Trend Toward Marijuana Legalization
Police officers are probably on the lookout for marijuana DUIs more now that people are starting to possess marijuana in small amounts. Law enforcement knows that people must drive, and that they may be smoking and driving more now that marijuana is legal.
Police officers take drug DUI charges in Darien just as serious as alcohol-related DUIs. Although the elements of a drug DUI in Darien are slightly different, regardless of whether the substance is marijuana, alcohol, or something else, a police officer is going to prosecute the charge aggressively.Determining Impairment
The person’s behavior is going to become very relevant when attempting to determine whether an individual was under the influence of alcohol or drugs during a Darien DUI.
A lot of the proof that the state will have will be based on the police officer’s observation of the person. They will attempt to determine what their eyes were doing, if their pupils were dilated, if they were falling over, if they were attentive and able to articulate sentences, and similar elements.
The police officer will have to write a report and testify at trial to articulate those observations for the jurors to consider as a crucial element in an individual’s Darien drug DUI case.Burden of Proof
The state needs to prove two things when proving a drug DUI charge. They must show that the person was impaired by a drug, and that they operated a motor vehicle.
The state would not have to prove that the person was purposely impaired, but only that the person did those two things.Defense Strategies
Even if the person did have drugs in their system, enough that the blood test reported the same, defense attorneys will work with expert toxicologists to prove that even given those numbers, the person was not impaired.
It is very important to have a toxicologist present to explain to the jury how, despite these numbers, the person was not breaking the law. The specific elements involved in a Darien DUI drug case will help the jury determine whether or not the individual is guilty of the charge.