siren on police car

Issues in Drug-Related DUI Cases

Drug charges can be integrated as part of a DUI or other traffic stop. Charges in a drug case may be either misdemeanors or felonies. A charge of drug trafficking is serious and comes with severe penalties if convicted. A driver who is found to be driving with a controlled substance in his or her system is considered to be driving while impaired. An experienced Keego Harbor DUI attorney knows how to defend all types of charges including drug-related DUI cases. The legal team at Little & Boylan, PLLC has the knowledge, training, and experience to handle even the most complex situations.

OUI/OWPD

Operating under the influence (OUI) and operating with the presence of drugs (OWPD) are serious charges that must be properly defended. In Michigan there is a zero tolerance for controlled substance use. The prosecutor in the case must prove that drug use caused impairment only in cases of prescription drugs. When the defendant has illegal drugs in their system the prosecution does not need to prove that the driving was impaired. For this reason you need assistance from a very knowledgeable Farmington DUI attorney. The skilled lawyers at Little & Boylan, PLLC, are here to assist you in defending this significant accusation.

Aggressive Legal Representation

If you are charged with operating while in the presence of drugs, your rights must be aggressively defended with help from a respected Sterling Heights DUI lawyer. Your attorney will review every aspect of your case beginning with your traffic stop or arrest. Every detail will be examined in order to find a defense that works best in your situation. One of the best ways to resolve OWPD charges is by suppressing evidence of controlled substances. For example, the test may have been improperly administered or the results inadequately assessed. The defendant could have the evidence of some types of drugs in the system due to use other than ingestion. These and other factors need to be considered when building your defense.

Unlawful Search and Seizure

Everyone has protection under the Fourth Amendment from unreasonable searches and seizures, and police officers must not violate those rights. Many times the police act illegally during this process. If so, their actions could cause the evidence to be considered improper and your attorney will file a motion to suppress before the trial. Other problems could also cause the evidence to be tainted. For example, if the police obtained a confession using improper means it could be excluded as evidence in the case. The same holds true if the arrest was not conducted properly. When evidence is suppressed it cannot be used in the case. If significant evidence is ruled to be excluded the prosecution’s entire case could be difficult to prove. If so, the prosecution may drop charges or may offer a plea bargain for lesser charges.

If you have been charged in a drug-related DUI case you need the strong defense of the lawyers at the Little & Boylan, PLLC. Call us today at (248) 809-1402 for a free phone consultation.

Categories