Are there controversial drug and DUI charges?

On Behalf of | Feb 8, 2021 | DUI/DWI

Drivers who take to the road while under the influence create dangers to others. Many fatal accidents result from intoxicated drivers, so it becomes understandable why Minnesota law enforcement may pull over individuals who are driving erratically. However, some instances may not be what they appear. Someone may commit a moving violation, but if no alcohol or drugs, legal or otherwise, were was found in someone’s system, then no DUI occurred.

False positives create troubles

Drug tests could come back with false positives, which means someone without drugs in his or her system now must challenge evidence in court. A criminal defense attorney may recommend a way to do so.

Sometimes, false positives result from other drugs or medicines lingering in the system. Even OTC drugs that treat allergy symptoms or high blood pressure may deliver a false positive.

Questions may arise about how long drugs remain in someone’s system. For example, a person could test positive even if he or she did not ingest marijuana for several days. Edible use of marijuana could linger after several days, if not longer, so legal questions might arise here as to whether the person was actually intoxicated while behind the wheel.

Defenses and DUI laws

A person with drugs in his or her system may not have been driving under the influence. Lingering traces of drugs in blood or urine do not necessarily indicate current drug use. Unfortunately, a tired driver may drive like an intoxicated one and end up pulled over. While a traffic citation for crossing a double line may be valid, DUI charges might be outright wrong.

DUI charges might only be misdemeanors, but felony charges are possible. Even a misdemeanor conviction leads to a criminal record.

Drugs and DUI charges may be dubious depending on the evidence and how an officer collected it. A criminal defense attorney may address problems with probable cause and more to make sure their client’s rights are protected.