DUI Drugs: How To Protect Yourself After a Drugged Driving Arrest in Pennsylvania

In addition to prohibiting driving under the influence of alcohol, Pennsylvania law also prohibits driving under the influence of drugs. If you have been charged with a drug DUI in the Commonwealth, you are facing steep penalties, and there is a lot you need to know in order to mitigate your risk of facing unnecessary consequences.

While prosecutors in Pennsylvania routinely secure convictions for drug DUIs, there are a variety of potential defenses available. Depending on the circumstances of your case, you may also qualify for diversion—which could allow you to avoid a conviction even if you were under the influence at the time of your arrest.

5 Important Steps to Protect Yourself When Facing a Drug DUI in Pennsylvania

With this in mind, here are five important steps you should take to protect yourself if you are facing a drug DUI in Pennsylvania:

Step #1: Take Notes About Your Arrest

One of the first things you should do is take notes about your arrest. When you are facing a drug DUI charge in Pennsylvania, the details matter, and there are numerous details that could play a role in determining what defenses you have available. To the best of your ability, try to record details like:

• Why the arresting officer said he or she pulled you over (and whether you agree with the officer’s accusations);
• What you said to the officer before and after you got out of your car;
• What the officer explained to you about Pennsylvania’s implied consent law;
• If a drug recognition expert (DRE) came to the scene, what he or she said to you or the arresting officer; and,
• If you took the field sobriety tests (FSTs), whether any issues with the road surface, weather conditions, lighting conditions, or your shoes or clothing impacted your performance.

You should write down anything else that you believe may be relevant to your defense as well. When you sit down with a DUI defense lawyer, your lawyer will be able to review the facts of your case to determine what they mean for your defense.

Step #2: Learn More About Your Case

At this stage, you will also want to learn more about your case. To make informed decisions about your defense strategy, you will need to have a clear understanding of what constitutes a drug DUI under Pennsylvania law and what penalties that are on the table.

So, what constitutes driving under the influence of drugs? Under Pennsylvania law, prosecutors can secure a conviction for DUI drugs if they can prove that a defendant was driving, operating, or in actual physical control of the movement of a vehicle under any of the following circumstances:

• The defendant had any amount of a Schedule I controlled substance in his or her blood;
• The defendant had any amount of an unprescribed Schedule II or Schedule III controlled substance in his or her blood;
• The defendant was “under the influence of a drug or combination of drugs [including alcohol] to a degree which impairs the individual’s ability to safely drive;” or,
• The defendant was under the influence of a “solvent or noxious substance” in violation of Pennsylvania law.

With regard to penalties, what is at stake in your Pennsylvania drug DUI case depends on your criminal history (if any) and a variety of other factors. You can read our overview of Pennsylvania’s DUI penalties to learn more.

Step #3: Consider Your Options

Regardless of the circumstances of your case, it is important to consider all of the options that are available. Even if you were driving under the influence of marijuana or another drug, you may still be able to avoid a conviction (although this is not guaranteed).

Depending on the facts of your case, some of the options that you may have available include:

• Asserting a violation of your constitutional rights (i.e., that the police stopped you without reasonable suspicion, arrested you without probable cause, or failed to read your Miranda rights);
• Presenting an alternate explanation for your driving behavior, physical appearance, cognitive condition, or performance on the FSTs;
• Challenging the accuracy or reliability of the DRE’s assessment of your level of intoxication or your blood or urine test results; and/or,
• Seeking to avoid a conviction by entering into the Accelerated Rehabilitative Disposition (ARD) program or going to Drug Court.

Again, when you hire an experienced DUI defense lawyer to represent you, your lawyer will help you understand what options you have available based on the facts of your case. Until you speak with a lawyer, you should not make any assumptions, and you should be very careful to avoid making mistakes that could take options off of the table.

Step #4: Make Sure You Know Your Court Date

One of the most important mistakes you need to avoid is missing your court date. If you miss your court date, not only can you lose opportunities to protect yourself, but you can also face an additional charge for “failure to appear.” This can lead to fines and other penalties, and the judge could issue a bench warrant for your arrest and detention before trial.

Step #5: Talk to an Experienced DUI Lawyer

Given the risks you are facing, the challenges involved in building a successful defense, and the many costly mistakes you need to avoid, it is important that you talk to an experienced DUI lawyer as soon as possible. You can get started with a free consultation; and then, once you learn more about your situation, you can make an informed decision about whether it is worth hiring a lawyer to represent you.

Request a Free Consultation with Stroudsburg DUI Lawyer Brian C. Jordan

Are you facing a drug DUI in Pennsylvania? If so, we strongly encourage you to contact us for more information. To discuss your case with Stroudsburg DUI lawyer Brian C. Jordan in confidence as soon as possible, call us at 570-356-4985 or request a free consultation online now.