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DUI » DUI Testing » Drug Tests

Testing for Drug Impairment

A driver may face criminal charges for driving under the influence. Although the majority of people associate DUI charges with alcohol, the same penalties may be enforced upon a conviction based upon evidence that a driver's abilities were impaired by a controlled substance, whether an illegal street drug or a prescription medication. When a driver is suspected of driving while impaired by drugs, different DUI testing procedures will be employed to determine whether drugs are present in the driver's system and to determine whether the driver is impaired.

At Thomas & Paulk, we fully understand the ins and outs of prescription and illegal drug DUI cases. We know the testing that will be completed in these matters and use this knowledge to challenge the evidence against our clients. Even a seemingly small mistake may have a significant impact on our ability to challenge drug evidence, such as an illegal search that resulted in the discovery of an illegal drug, or an improperly administered drug test.

What tests determine DUI of drugs?

Although a breath test is typically the most common form of chemical test administered, if law enforcement suspects that drugs are involved they will typically perform either a blood or urine test. Of the two, a blood test is more reliable, but both have faults. They may be improperly administered or the samples may be mishandled.

A single error on the part of the individual who administers the test or the lab technician that evaluates the results may be sufficient to have this evidence suppressed. It is important for your lawyer to thoroughly review your case from every angle and to investigate the manner in which the test was conducted, as well as to conduct an independent analysis if possible.

Challenging DUI Test Evidence

The prosecuting attorney will likely try to build a case against a defendant facing drug DUI charges based upon the blood test or urine test as well as the driver's behavior and performance on field sobriety tests. Your DUI lawyer's job will be to challenge this evidence at every possible angle, whether through the strategic cross-examination of the arresting officer or testimony by expert witnesses that discount the testing method or result. Every case is different, however, so it is advised you work quickly to discuss your particular case and options with an attorney. Contact a Tampa DUI attorney at our firm today for a free initial review of your drug DUI case. We are familiar with the drug tests involved and will fight on your behalf to protect your legal rights and interests.

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