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Drugged driving is becoming an increasing concern on the roads today. With the legalization of marijuana and the ongoing opioid crisis, law enforcement agencies are more vigilant than ever in identifying drivers who may be impaired. But how exactly do police determine if someone is driving under the influence of drugs?
Understanding the methods police use and your rights during such investigations is crucial, especially if you face charges. Our Denver criminal defense attorney at the Law Offices of Steven J. Pisani is here to help you understand your rights.
When police suspect someone might be driving high, they often start by observing the driver’s behavior on the road. Common signs that might lead an officer to pull a driver over include erratic driving, such as swerving between lanes, driving significantly slower than the speed limit, or making sudden stops without reason. These behaviors can signal that the driver is impaired and unable to operate the vehicle safely.
Once the driver is pulled over, the officer will look for physical signs of drug impairment. These signs might include bloodshot or glassy eyes, slurred speech, or unusual behavior, such as being overly nervous or having trouble following simple instructions. Officers are trained to use these observations to decide whether to conduct further tests to determine if the driver is under the influence.
If the officer thinks you might be under the influence of drugs, they could ask you to do some field sobriety tests. These tests are meant to see how well you can balance, coordinate your movements, and follow instructions—abilities that can be affected if you’ve taken drugs.
Some of the standard tests include the walk-and-turn, where you’re asked to walk in a straight line, turn around, and walk back, and the one-leg stand, where you have to balance on one leg without wobbling. Another test, known as the horizontal gaze nystagmus (HGN), involves following an object with your eyes while the officer checks for involuntary jerking, which could suggest drug use.
However, it’s important to note that field sobriety tests have their limitations, especially when it comes to detecting drug impairment. Unlike alcohol, which has a more predictable effect on the body, different drugs can affect individuals in various ways. Factors such as medical conditions, fatigue, or even nervousness can also impact a person’s performance on these tests. That’s why it’s crucial to have experienced Denver, Colorado, criminal defense lawyers on your side if you’ve been charged with driving under the influence of drugs based on field sobriety tests.
Sometimes, the officer who pulls you over might call in a Drug Recognition Expert (DRE) to conduct a more thorough evaluation. DREs are specially trained to identify drug impairment through a comprehensive 12-step process. This process includes a detailed physical examination, an interview with the suspect, and observations of the suspect’s behavior and physical state.
The DRE evaluation also involves checking vital signs, such as blood pressure and pulse, and examining the suspect’s eyes for signs of drug influence. While DREs are considered experts in identifying drug impairment, their evaluations are not infallible. The process relies heavily on subjective observations, which can be challenged in court.
If you’re facing charges based on a DRE evaluation, having a skilled Denver criminal attorney is essential to help question the reliability of these findings.
If the officer or DRE believes you’re impaired, they may request a chemical test to confirm the presence of drugs in your system. Common chemical tests include blood tests, urine tests, and saliva tests. Blood tests are often considered the most accurate, but they can also be invasive and may not be administered until hours after you’ve been pulled over, affecting the results.
Refusing a chemical test in Colorado can have serious consequences, including automatically suspending your driver’s license. However, the accuracy of these tests is not always guaranteed.
Factors such as improper handling of samples, lab errors, or the presence of legal prescription medications can lead to false positives. That’s why consulting with criminal defense lawyers in Denver who can help you navigate the complexities of chemical test results is essential.
If you’re stopped by the police on suspicion of driving high, knowing your legal rights is important. You have the right to remain silent and avoid incriminating yourself. You can refuse if asked to perform field sobriety or chemical tests, but be aware that there may be legal consequences, such as license suspension.
If you’re charged with driving under the influence of drugs, the first step you should take is to contact our Denver criminal attorney at the Law Offices of Steven J. Pisani. An experienced attorney can review the circumstances of your stop, challenge the validity of the tests, and work to protect your rights throughout the legal process.
Defending against drugged driving charges can be complex, but it’s not impossible. Common defenses include challenging the accuracy of field sobriety and chemical tests, questioning the officer’s observations, or demonstrating that the officer did not have probable cause to stop you in the first place.
Our Denver criminal defense attorney at the Law Offices of Steven J. Pisani is experienced in building strong defenses against these charges. We understand the intricacies of drugged driving cases and will work tirelessly to achieve the best possible outcome for you.
If you’re facing drugged driving charges, don’t go it alone. Call our criminal defense lawyers in Denver today for a consultation. We’re here to help you navigate this challenging situation and protect your rights every step of the way.
