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Litigation Blog.
The seasoned lawyers and litigators at The Rubinstein Law Firm are here to share their insights with you.

OUIs: Drugs and alcohol have to be handled differently

It’s possible to be arrested for operating a vehicle under the influence if you’re using drugs or have taken prescriptions. You can also face charges for driving under the influence of alcohol.

The authorities have tests that can be performed to identify alcohol intoxication at the scene of the traffic stop, but identifying drug use is trickier. Oftentimes, bloodwork is needed to prove intoxication by drugs, so the driver would need to be arrested and taken to the hospital for their blood to be drawn.

While the blood alcohol concentration (BAC) limit is .08%, there is no such limit for drugs. Instead, the authorities will need to show that you were driving while impaired and that the drugs were in your system. For example, the bloodwork might come back showing that you had a sleeping pill in your blood, which would potentially make you a dangerous driver. Combined with reckless driving actions or other circumstantial evidence, the authorities may be able to seek the charge for an OUI.

Can you face an OUI without failing a Breathalyzer or blood test?

It is possible, but it would be unlikely that the charge would hold. The charge might be changed to reckless driving or to another category instead. Your attorney would likely look into the evidence and determine if there is too little to pursue a charge. In that case, they may help you seek to have the case dismissed.

Our website has more information about OUIs, DUIs and what to do if you’re being accused of a crime that you did not commit or intend on committing. A good defense can help you.