Wilmington Drug Impaired Driving Defense Lawyer
If you have been charged with driving under the influence of drugs in Delaware, you are facing a serious charge and you need a Wilmington drug impaired driving defense lawyer. At my Wilmington law office, I — Michael W. Modica, Attorney at Law — have successfully helped people throughout Delaware reduce their charges and keep their driving privileges.
Wilmington Drug Impaired Driving Defense Lawyer
If you were pulled over and the police found an illegal drug in your system — no matter how little — your chances of a conviction are greatly increased because the prosecution doesn’t have to show that you were impaired by the drug, only that it was in your system. On the other hand, if prescription medication is in your system, the prosecution must show that you were impaired from driving safely by the medication.
Under Delaware state law, if a blood test shows you had any amount of illegal drugs in your system while driving, the law presumes you were impaired. That means the prosecution does not need to provide any evidence that the drug affected your driving abilities. Therefore, all efforts must be made to prevent the admission of the blood test as evidence at trial. This can be accomplished by establishing that the police did not have a reasonable basis for the stop, or a basis for administration of sobriety field tests, or probable cause to administer the blood test.
Another way to defend against this charge is to prove in court that the blood test result was unreliable. As an experienced criminal defense lawyer, I am familiar with the law and methods for demonstrating that the blood test result is unreliable, therefore not admissible at trial.
Driving Under The Influence Of Prescription Drugs
If you’ve been charged with driving under the influence of drugs, your prescription may be to blame. Many prescription drugs come with a laundry list of possible side effects which are impossible to memorize or anticipate. It is easier to establish reasonable doubt to avoid a conviction when a client has merely taken prescription medication per the orders of their physician.
Unlike illegal drugs, there is no presumption of impairment when driving under the influence of prescription drugs. I have more than 40 years of courtroom experience; I know what it takes to prove your driving was NOT impaired. Together we will fight the charges, protect your driving privileges and obtain the best possible resolution of your case.
If you have been charged with driving under the influence of drugs — or driving under the influence of both drugs and alcohol — you need an experienced attorney by your side. Contact me today for a free initial consultation from a Wilmington drug impaired driving defense lawyer at 302-600-1262, or toll free at 888-672-0082.
