Laws and Penalties for Driving under the Influence of Drugs

Driving under the influence of alcohol is not the only way to get in trouble behind the wheel. Similar laws apply when it comes to driving under the influence of a controlled substance, which includes illegal drugs as well as some prescription medications. If you are facing a driving under the influence of drugs (DUID) charge, you need an experienced South Carolina DUI defense attorney at L. Morgan Martin, P.A., in your corner from the start.

A DUI Charge in South Carolina

In South Carolina, all that’s necessary to bring a DUID charge is having a trace amount of a controlled substance in your system. At this point, the law presumes you are under the influence of the drug, which is a less strict standard than the one used for driving under the influence of alcohol. Determining the trace amount of a drug requires a blood or urine test rather than a breath test.

The Drugs That Are Commonly Associated with DUID Charges

While no two DUID cases are alike, certain kinds of drugs are most likely to be involved. These include illegal street drugs like marijuana, cocaine, and methamphetamine. Common prescription drugs that lead to DUID charges include opioids like OxyContin and Xanax.

Your Legal Rights

To pull you over in the first place, the officer must have had a reasonable articulable suspicion for doing so. This requires more than a mere hunch, but it is less stringent than the probable cause needed to search your vehicle or arrest you for DUID.

Having a reasonable suspicion for pulling a motorist over requires the officer to spot a problem, and any of the following can suffice:

• Engaging in some form of erratic driving
• Speeding
• Having a taillight or headlight out
• Violating the hands-free law regarding mobile devices
• Failing to switch off the high beams appropriately

To proceed with searching your car without your permission, which you are ill-advised to give, or to arrest you for DUID, the officer must have probable cause. This is a higher standard, which involves having a reasonable belief that there is evidence of a crime.

If an officer oversteps at this juncture, it can seriously weaken their case against you while bolstering your defense.

Taking the Best Steps Forward

To help ensure you bring your strongest defense against a DUID charge, all the following are advised:

• Invoke your right to remain silent from the start
• Let the officer know that you want an attorney
• Work closely with your accomplished DUID defense lawyer as they help guide the case against you toward an advantageous resolution.

Discuss Your Case with an Experienced South Carolina DUID Defense Lawyer Today

The resourceful South Carolina DUID defense attorneys at L. Morgan Martin, P.A., understand the challenges you face, and we are committed to leveraging our extensive experience to provide focused efforts in your defense. We are on your side, so please don’t hesitate to contact us online or call us at 843-248-3177 today.