Driving Under the Influence of a Drug Defense in Jefferson County

Protecting Clients from DWI Charges in Missouri

If you’ve been accused of driving under the influence of drugs, you face severe penalties that may include jail time and fines. While this type of criminal case has a lot in common with DWI cases involving alcohol consumption, there are some important differences to be aware of before starting the legal process. An experienced defense lawyer can assist with the legal complexities of your case, so we encourage you to hire Grafe & Batchelor, P.C., Attorneys at Law to provide the criminal defense services you need.

Our legal team understands the details that set drug-related DWI offenses apart from alcohol-related cases, as well as the most effective defense options for charges of this kind. So, if you’re worried about the consequences of your recent DWI arrest in Missouri, call our criminal law firm to speak with a skilled DWI defense lawyer.

What Controlled Substances May Be Involved in DWI Charges?

While alcohol is often to blame for someone driving impaired, it’s not the only mind-altering substance that could lead to DWI charges. A wide variety of drugs can result in the same criminal charge, as anything that affects a person’s ability to drive safely is illegal to consume before driving.

Some examples of substances that could result in charges of driving while intoxicated include:

Marijuana, either recreational or medicinal
Illegal drugs, including meth, heroin, cocaine, ecstasy, and LSD
Over-the-counter drugs that can cause drowsiness, such as NyQuil, Benadryl, or Unisom
Prescription drugs that can cause dizziness, drowsiness, or impaired judgment, such as Ambien, Xanax, Valium, Vicodin, Percocet, and muscle relaxers
Alcohol combined with any of these drugs

So, even if the drug you’re taking is legally available or prescribed to you, it’s possible to face DWI charges if a police officer determines that it has affected your mental or physical faculties and therefore made it unsafe for you to drive. If you think it’s unfair that you were charged with this crime and want to avoid a DWI conviction, you’ll need an aggressive defense team that has gotten favorable results for clients like you. Call our law firm to discuss your legal options with a St. Louis DWI lawyer.

How Is Impairment Determined in This Type of Traffic Stop?

Accusing someone of being impaired by drugs can be more complex than claiming they’re intoxicated by alcohol. After all, when a police officer suspects drunk driving, they can complete a breath or blood test to determine the blood alcohol concentration (BAC). If it’s at or above 0.08%, they have enough reason to make a DWI arrest. When officers suspect drugs are involved, though, measuring the level of impairment isn’t as straightforward as a breath test at the scene of the traffic stop.

They must use other methods of measuring impairment due to drugs, which can include:

Police officer observations: Officers can look for common signs of impairment from certain recreational or prescription drugs. These signs can include slurred speech, bloodshot eyes, inability to balance, nervousness, and erratic driving.
Field sobriety tests (FSTs): The police can ask suspected intoxicated drivers to take three standardized tests in which drivers must follow commands that test their mental focus and physical coordination. These tests are called the Walk and Turn, One-Leg Stand, and Horizontal Gaze Nystagmus.
Chemical tests: Officers can administer blood or urine tests to determine if drugs are present in the driver’s system, but these typically can’t determine if the person is impaired when driving. This is because some drugs, including marijuana and many prescription drugs, can remain in your system for days or weeks.
Drug Recognition Experts (DRE): If police suspect impairment but aren’t sure, they might call a Drug Recognition Expert to evaluate your case. This is an officer with special training who can detect drug use, often by checking the driver’s vital signs and pupils, recording statements about their drug use, and considering whether they have medical conditions that could mimic drug impairment.

Regardless of how an officer determined that you were impaired by recreational or prescription drugs at the time of your arrest, you have a right to quality DWI defense services, and that’s what you can expect when you hire our team to protect you. When we take on your Missouri DWI case, we’ll immediately begin reviewing the details, including the reason the police gave for pulling you over and the evidence they obtained before arresting you. If you’re ready to begin your DWI with drug defense case, call our criminal law office for a free consultation.

What Are the Consequences of a DWI Involving Drugs?

A DWI involving drugs can be charged as a misdemeanor or felony, depending on the circumstances. In most cases, the first offense carries the least severe penalties, while repeat offenses and aggravating factors can result in harsher legal consequences. If you’re unsure about the punishment you face for a DWI conviction, contact our law office to discuss your case with a knowledgeable attorney.

Generally, a first offense of this kind is a Class B misdemeanor punishable by:

Up to 6 months of jail time
Up to $1,000 in fines
Mandatory drug testing and treatment programs
Driver’s license suspension for 30 days, followed by 60 days of restricted driving privileges

A second offense is a Class A misdemeanor punishable by:

Up to 1 year of jail time
Up to $2,000 in fines
Mandatory drug testing and treatment
Driver’s license revocation for 1 year
Mandatory installation of an ignition interlock device

A third DWI with a drug offense is a Class E felony. Having two prior DWI convictions on your criminal record can lead to penalties that include:

Up to 4 years in jail
Up to $10,000 in fines
Mandatory drug treatment
Driver’s license revocation for 10 years
Installation of an ignition interlock device
Difficulty finding housing and employment opportunities with a felony on your record

A solid DWI defense can help you avoid these potential penalties for your DWI charges in Missouri. If you want to learn how an attorney can defend you from DWI charges involving prescription drugs or other controlled substances, contact our law office for a free consultation with our caring legal professionals.

What Criminal Defense Strategies May Be Used in a DWI with Drugs Case?

An experienced DWI defense attorney should be adept at choosing a defense angle that’s most likely to achieve the results you want for your case. This usually involves carefully considering the specific DWI charges and the evidence against you. Some of the most common defense options include:

Disputing the accuracy of the chemical tests, as sometimes the samples are improperly stored or mixed up with other samples, or the testing equipment is defective
Alleging that the police violated your rights, such as if they didn’t have a valid reason to pull you over, or they illegally searched your motor vehicle to find evidence to use against you
Challenging the use of field sobriety tests, since many sober drivers fail these tests due to medical conditions, fatigue, or poor lighting
Proving that you were using your prescription drugs as directed by your doctor, and that normal use of your prescription medications would not cause impairment, as officers have alleged
Hiring a medical expert witness to explain how your mental or physical medical conditions may cause symptoms that may make you look intoxicated to officers, even when you’re able to drive safely

The best DWI defense for your case will depend on the evidence the prosecutors are using against you, such as chemical test results, FSTs, or police observations. Prior DWI convictions and aggravating factors, such as your involvement in a motor vehicle accident, can also affect your DWI case. If you’re ready to learn which defense angle a skilled DWI attorney will use for your legal issue, call our law office for an initial consultation.

How Can Attorneys Assist with Your Driving Under the Influence of Drugs Defense in Jefferson County?

At Grafe & Batchelor, P.C., Attorneys at Law, we understand how a drugged or drunk driving charge can affect your life. Whether you’re accused of driving impaired due to prescription medications or while over the legal limit for alcohol, you could end up with expensive fines and driver’s license suspension if convicted. You might even spend time in jail, depending on the circumstances of your DWI case.

That’s why you should immediately seek legal counsel for help navigating the legal system rather than leaving your DWI case to chance. You can depend on our caring attorneys to fight for the best possible outcome for your DWI case. Call (636) 220-5934 today for a free consultation with a trusted DWI attorney at our firm.