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Criminal Defense

How is THX Intoxication Proven?

Written by: Jacques Law Office

Unveiling the Evidence Behind Drug-Related DUI Charges

When we think of DUIs, we commonly link the offense with alcohol, but did you know that you could be charged with a DUI behind the wheel for drug impairment? Most people are under the assumption that proving drug impairment during a traffic stop is difficult. Still, that couldn't be further from the truth. In this article, we'll get into the process of proving a THC DUI and shed light on law enforcement's methods to establish impairment.  

At Jacques Law, we believe in defending the rights of every citizen. We pride ourselves on helping those who have run into trouble with the law, and work towards ensuring they get a second chance. If you need a legal defender by your side, call (208) 344-2224 today to arrange your initial consultation.

The Legal Reality of Drug-Related DUI

Opposite to what most believe, DUI laws cover not just alcohol but also driving under the influence of drugs. These drugs include both illicit substances and prescription medications. For example, if you've taken a prescribed drug in excess, or used a medication unsafe for driving, you could face a DUI charge. It's paramount to understand that having a prescription for a particular drug will not act as a defense against a DUI charge, as explicitly stated in Idaho's DUI statute. 

Increasing Awareness of DUI Arrests

DUI charges related to the influence of drugs have risen noticeably over recent years. Law enforcement has heightened their effort to remain as vigilant as possible to prevent using opioids, methamphetamines, and anxiety medications - combatting drug-impaired driving. 

Understanding Idaho's DUI Laws Regarding Drugs

Idaho's DUI statute is clear: if you are operating a vehicle while intoxicated by any substance, whether illegal drugs or prescribed medications, you can be charged with a DUI. Marijuana, methamphetamines, opioids, anti-anxiety drugs, and cocaine are common substances associated with DUI charges. Law enforcement officers undergo specialized training to recognize signs of drug impairment, making it easier to identify suspects.

The Proof of a THC DUI

Proving a THC DUI is a part of law enforcement officers' training, so they are well-equipped to observe distinct indicators of drug impairment. For example, individuals under the influence of opioids typically display dilated pupils, glassy eyes, and a sweaty appearance. Users of crystal meth may exhibit jitteriness, nervousness, and difficulty focusing. 

During a regular traffic stop, police officers are quick to asses whether a driver could be under the influence of drugs and alcohol. If the officer is suspicious, the driver could be arrested for a DUI - and a drug test will be administered on the spot. In addition, any drugs found in the driver's possession or vehicle may also be tested immediately and conducted on-site to determine if they are under the influence. 

The Penalties

What are the penalties for drug-related DUI in Boise? They are similar to alcohol-related DUIs, except for drug possession, which could lead to additional drug offense charges. 

Here are the penalties for the above offenses:

  • 1st Offense: Fines up to $1,000; up to 6 months in prison; 6-month license suspension
  • 2nd Offense: Mandatory ten days to 1 year in prison; fines of $2,000; minimum 1-year license suspension
  • 3rd Offense: Mandatory 30 days to 5 years in prison; fines of $5,000; license suspension of 1-5 years with an interlock device

The penalties are high and can impact various aspects of your life. In addition to legal consequences, you'll face financial burdens, license suspensions, and even incarceration. 

If you find yourself charged with a DUI, it's imperative to secure the help of a skilled and trusted DUI defense lawyer as soon as possible. A DUI charge can have very high consequences, negatively affecting your job, family, and daily life. An experienced attorney will explore ways to reduce or dismiss your charges while also working as an advocate for you to minimize penalties. 

Contact a DUI Defense Lawyer Today

Jacques Law is your trusted ally when you need a criminal defense attorney. Backed by a track record of consistent results, Jacques Law is a reputable and reliable legal firm in Idaho. Recognized for their compassionate yet aggressive approach, they are your partner in navigating the legal challenges of a DUI charge. Reach out today to safeguard your rights and future: contact Jacques Law at (208) 344-2224.

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