Law Firm of Aaron Bortel

How Is A DUI Case Different When Drugs Are Involved?

Interviewer: What percent of your cases do you deal with deal with drugs versus alcohol?

Aaron: Well, these days I see a lot more prescription drugs. I see painkillers and medications that have an advisement on the bottle to not mix it with alcohol; or not drive while taking this medication. A majority of our cases are alcohol and nothing but alcohol. It is a small percentage, but we do get a number of cases involving drugs. It may be a recreational drug like cocaine, methamphetamines or marijuana. I see a lot more marijuana than anything else.

Sometimes we get a case where it is a combined influence of alcohol and those drugs, especially marijuana. Marijuana is very tough for the district attorney. It is very tough for the prosecutor to prove impairments, especially if someone has smoked a number of hours before driving.

Interviewer: Is it easier or harder to defend a DUI cases due to drugs, either prescription or illegal?

Aaron: Every case just depends on the case. One of the things about a drug case is typically it will not result in the admin per se hearing. A lot of times the officer will give you one of those pink sheets, the temporary license, and request a hearing.

Very often, especially if there is a blood test, it will come back with no alcohol in your system. I can almost always get that case dismissed, unless the DMV wants to go after you for a drug problem. In most cases, they do not when it comes back with no alcohol in your system.

By Aaron Bortel

Aaron Bortel

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