Statistics say that the number of drug DUI cases is increasing by the day. People get behind the wheel under the influence of prescribed drugs or illegal drugs like marijuana or methamphetamine. And as a result, they not only put themselves at risk but also pose serious threats to fellow commuters and drivers on the road. And that is why police have become highly active in these cases.
If you or your loved one is arrested with the charges of drug DUI, then you need the assistance of a reliable and reputed Morgantown DUI lawyer. At Mountaineer Criminal Law Group, we have experienced West Virginia DUI lawyer who can aggressively defend you and get you the rightful justice in a court of law.
Detection of Drug in Your System
When the police are arresting you, it is important for them to detect drugs in your system. Hence, after they pull you over with the suspicion of DUI, they will administer a blood test to detect drug in your body. This blood test can be carried out at the police headquarters or any medical facility.
In this respect, you need to know that detecting drugs in DUI cases is quite difficult compared to detecting alcohol. And that is why in the whole state, the police are trying to come up with the right test for faster and more accurate detection.
Is There Any Legal Limit of Drug for DUI Cases?
According to the West Virginia Code Section 17C-5-2, a driver is prohibited to drive the vehicle under the influence of any controlled substance or prescribed drugs. However, in West Virginia, there is no legal limit for the consumption of drugs while driving.
As a result, a case of DUI drug comes down to the doctor and the judgment on whether you have taken a prescribed drug consistently for recreational use or for legal therapeutic use. This means that the police or court-appointed doctor can determine if you have taken too many pills of the prescribed drug or have failed to follow the instructions given in the printed prescription.
When it comes to illegal drugs, the prosecution can build a case against you with even a little trace of the drug in your bloodstream. In West Virginia, Marijuana is the only illegal drug with the listed legal limits.
When you are hiring a Morgantown DUI lawyer, they will know about these complexities and will ensure that you get the benefit in your case.
Penalties of DUI Drug Cases
If you are charged with DUI drug, you might get the following penalties:
- Imprisonment up to 6 months
- Fine from $100 to $ 500
- Suspension of driver's license for six months
In the cases involving narcotics and amphetamine drugs and their habitual use, you will be not eligible for an ignition interlock device. Your license will be suspended temporarily. And after the suspension period is over, you will need to attend the DUI Safety and Treatment Program and complete it before you get back your license.
During this procedure, you will need the assistance of a West Virginia DUI lawyer. Get in touch with Mountaineer Criminal Law Group today. Call us for a free consultation.