What Happens When You Are Pulled Over for a Drug DUI?
Facing a drug DUI charge can be overwhelming, especially when you didn't believe you did anything wrong. Pennsylvania's penalties for drug DUIs are among the toughest, often more severe than penalties for alcohol-related DUIs. Whether you've taken prescription medication, medical marijuana, or other substances, being stopped by the police can escalate quickly. Understanding the process and your rights is critical.
At Mike Sherman Law, we focus on defending clients accused of driving under the influence of drugs and alcohol. With extensive training, scientific expertise, and over 37 years of courtroom experience, Mike Sherman knows how to fight back.
The Traffic Stop: What to Expect
When an officer suspects drug impairment, the stop may involve:
- Observation of Behavior: Officers look for signs of impairment like erratic driving, slurred speech, or unusual behavior.
- Field Sobriety Tests (FSTs): These standardized tests are often administered but are unreliable for detecting drug impairment. The results can be highly subjective. The field sobriety testing protocols have never been validated for use in cases involving drugs.
- Blood Testing: Police may request a blood test to identify substances in your system. However, these tests can be flawed or misinterpreted.
- Drug Recognition Experts (DREs): Some officers have specialized training as DREs, but their conclusions often rely on “junk science” and lack medical validity.
Common Questions About Drug DUI Investigations
- Are Field Sobriety Tests Reliable for Drug DUIs? Field sobriety tests were designed to detect alcohol impairment and have not been validated for drug-related cases. Despite this, officers frequently rely on them when forming opinions about impairment. Mike Sherman's training in FST protocols allows him to challenge these unreliable tests in court.
- How Do Police Detect Drugs in a Driver's System? Officers may observe physical signs like dilated or constricted pupils and call in a DRE to perform additional evaluations. However, many medical conditions can cause similar symptoms, and police often jump to conclusions. Mike Sherman's knowledge of medical and scientific principles involved in DUI drug cases enables him to expose these errors.
- Can I Be Arrested for Marijuana Metabolites? Yes. Pennsylvania law allows arrests based solely on the presence of marijuana metabolites, even if you haven't used marijuana recently. These metabolites can remain in your system for weeks and have no bearing on impairment.
- What Is a Drug Recognition Evaluator (DRE)? DREs are officers trained to identify impairment from seven categories of drugs. While they claim expertise, their opinions are often based on questionable techniques. Courts in some states have ruled that DRE testimony is inadmissible due to its lack of reliability. Mike Sherman's training in DRE protocols equips him to dismantle these claims effectively.
- Should I Take Tests Administered by a DRE? Motorists are not required to participate in DRE-administered tests. These evaluations often include checking pulse rates, blood pressure, and pupil reactions—activities that require medical expertise most officers lack. Declining these tests can limit the evidence used against you.
Your Rights During a Drug DUI Investigation
- Can I Refuse a Blood Test? Yes, but refusing may lead to penalties such as license suspension. The police may still obtain a warrant for a blood test. Mike Sherman evaluates each case to determine whether your rights were violated during the testing process.
- Should I Admit to Taking Prescription Medications? No. Volunteering this information can be used against you. Instead, politely decline to answer questions and ask to speak with an attorney.
- Are Drug Tests Always Accurate? No. Blood tests can be unreliable due to improper procedures, contamination, or flawed lab analysis. Hospital tests, in particular, are often less precise than those conducted in crime labs. Mike Sherman's expertise in forensic science allows him to identify these errors and challenge the results.
- What If I'm Charged for Taking Prescription Medication? Pennsylvania law permits DUI charges even for lawful prescription drug use. Police often interpret normal side effects as impairment. Mike Sherman's scientific expertise enables him to counter these accusations effectively.
- Can Drug DUIs Lead to Other Charges? Yes. Drug DUIs often accompany charges like possession or possession with intent to deliver. These additional charges can significantly increase penalties. Mike Sherman's experience in criminal defense ensures a comprehensive approach to your case.
The Consequences of a Drug DUI Conviction
A conviction can lead to:
- License Suspension: Ranging from 12 to 18 months, depending on prior offenses.
- Jail Time: Penalties increase with repeat offenses, and some charges are classified as felonies.
- Ignition Interlock Device: Even for drug-related DUIs, you may be required to use this alcohol-detecting device on your vehicle for 1 year before you can get your license back.
- Collateral Consequences: These can include job loss, difficulty securing student loans, and damage to your professional reputation.
How Mike Sherman Challenges the Science
Mike Sherman's motto is “Science. Investigation. Preparation.” Here's how his approach stands out:
- Understanding Blood Testing: Mike's training includes hands-on experience with forensic blood testing equipment, allowing him to identify errors and inaccuracies in lab results.
- Expert Knowledge of DRE Protocols: Mike's advanced education in DRE methods helps him expose their flaws and challenge their admissibility.
- Customized Defense Strategies: Every case is unique. Mike tailors his defense to address the specific scientific and procedural errors in your case.
Real Results for Real Clients
- Prescription Medication DUI – Not Guilty: By proving that prescribed drugs were within therapeutic levels, Mike secured a dismissal of all charges.
- Marijuana Metabolites – Charges Dropped: Mike demonstrated that metabolites in a client's blood did not indicate impairment. Result: Not guilty.
- Complex DUI Cases – Success: From challenging field sobriety tests to exposing faulty lab results, Mike's comprehensive defense strategies consistently deliver positive outcomes.
What to Do Next
If you've been pulled over for a suspected drug DUI, don't panic. Contact Mike Sherman Law immediately for a free, no-obligation consultation. The sooner we start investigating your case, the better your chances of achieving a favorable outcome.
Call Mike Sherman at (412) 471-5000 today. Let's fight for your rights and your future.
