Drugged Driving Charges in Philadelphia
Drugged driving or driving under the influence of drugs (DUID), is treated similarly to alcohol DUIs under Pennsylvania law. You can be charged with DUID if law enforcement finds controlled substances or metabolites in your blood or if you are impaired due to a combination of drugs and alcohol. Pennsylvania law does not distinguish between illegal drugs, prescription drugs, or over-the-counter medication if they impair your ability to drive safely.
At Fienman Defense, we bring the knowledge and resources necessary to effectively defend against drugged driving charges. We represent clients throughout Philadelphia, Bucks County, Montgomery County, Chester County, Delaware County, and beyond. With the same focused training as law enforcement, we identify weaknesses that many other defense lawyers may overlook.
Submit the details of your DUID & we’ll explain what’s next.
Drunk Vs. Drugged Driving
While alcohol-related DUI cases focus on Blood Alcohol Concentration (BAC) levels, drugged driving charges are more complex. Pennsylvania law enforces a zero-tolerance policy for certain controlled substances while driving, even if you believe they do not impair you.
- Illegal Drugs: If you are found with any amount of an illegal drug or its metabolite in your blood, you can be charged with DUID.
- Prescription Drugs: Driving under the influence of prescribed medication can also result in a DUID charge if the drug impairs your ability to operate a vehicle safely.
- Over-the-counter drugs: Some OTC medications can impair your ability to drive and lead to drug-related DUI charges.
Read: “Drugged Driving” & “Driving Under the Influence of a Controlled Substance” in PA
Philadelphia Drugged Driving Stops
When law enforcement suspects drug impairment, they follow a process like alcohol-related DUI stops but may also employ additional evaluations:
- Road Observations: Police look for erratic driving behavior such as weaving, following too closely, or driving significantly below the speed limit.
- Field Sobriety Tests: Officers may conduct field sobriety tests to observe physical coordination and cognitive impairment. However, these tests are often less effective in identifying drug impairment.
- Chemical Tests: Blood or urine tests are used to detect the presence of drugs or their metabolites.
- Drug Recognition Evaluators (DRE): Some law enforcement agencies in Pennsylvania employ DREs who are trained to identify signs of drug impairment through a multi-step evaluation process. DREs may check your eye movements, blood pressure, and pulse rate and look for physical indicators like injection marks.
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Drugged Driving Penalties
Drugged driving convictions are treated with the same seriousness as the highest tier of alcohol-related DUIs. This means you face Pennsylvania’s harshest DUI penalties if convicted of driving under the influence of drugs:
First Offense DUID
- Jail Time: 3 days to 6 months in prison
- Fines: $1,000 to $5,000
- License Suspension: 1-year suspension
- Additional Requirements: Alcohol highway safety school and possibly a court-ordered treatment program
Second Offense DUID
- Jail Time: 90 days to 5 years in prison
- Fines: $1,500 to $10,000
- License Suspension: 18-month suspension
- Ignition Interlock: 1-year ignition interlock requirement
- Additional Requirements: Alcohol highway safety school and court-ordered treatment program
Third Offense DUID
- Jail Time: 1 to 5 years in prison
- Fines: $2,500 to $10,000
- License Suspension: 18-month suspension
- Ignition Interlock: 1-year ignition interlock requirement
- Additional Requirements: Alcohol highway safety school and court-ordered treatment program
Other Consequences of Drugged Driving
A drugged driving conviction can have far-reaching consequences beyond the courtroom:
- Permanent Criminal Record: A DUID conviction results in a criminal record, which can hinder employment, housing, and other life opportunities.
- DUID Suspension: Losing your driving privileges can make it challenging to maintain employment, attend medical appointments, or manage family obligations.
- Increased Insurance Rates: A DUI conviction can lead to significantly higher insurance premiums or a complete loss of coverage.
- Civil Liability: If an accident results from drugged driving, you may face civil lawsuits, leading to costly damages.
Defending Against Drugged Driving s in Philadelphia
Facing a drugged driving charge can be overwhelming, but there are defenses available. An experienced attorney can assess the specifics of your case and determine the most effective defense strategy.
- Challenge the Traffic Stop: Police must have reasonable suspicion to pull you over. If the stop was illegal, the evidence gathered may be dismissed.
- Question Drug Test Accuracy: Drug tests, particularly urine tests, can yield inaccurate results. If procedures are not followed, an attorney can challenge the reliability of these tests.
- Improper Field Sobriety Tests: Field sobriety tests may not accurately detect drug impairment, and external factors like medical conditions or weather can affect the results.
- Procedural Violations: If a Drug Recognition Evaluator conducted the evaluation, any deviation from the DRE protocol could lead to evidence suppression.
- Prescription Drug Defense: If you were taking prescribed medication according to your doctor’s instructions, this may form the basis of a valid defense.
Read: 4 Police Mistakes That Can Get Your DUI Dismissed
What to Do if You’re Pulled Over for Drugged Driving
If you are stopped on suspicion of drugged driving in the Philadelphia area:
- Do Not Self-Incriminate: Avoid discussing recent drug use. Politely decline to answer questions and request an attorney.
- Comply but Stay Silent: Provide your identification and registration but avoid additional conversation.
- Call an Attorney: Contact a qualified DUI attorney as soon as possible to discuss your situation and rights.
How a Drugged Driving Lawyer Can Help You
Defending against a drugged driving charge requires in-depth knowledge of DUI laws and drug impairment assessments. An experienced lawyer can make a significant difference by:
Challenging Evidence
An attorney trained in DUI detection and drug recognition procedures can meticulously review the evidence for inconsistencies and procedural errors, which can be critical in drugged driving cases. This includes analyzing the methods used in chemical and field sobriety tests to identify flaws or inaccuracies.
Negotiating for Reduced Charges
For first-time offenders or those struggling with addiction, there may be opportunities to negotiate with the prosecution for reduced charges or alternative sentencing programs that emphasize treatment and rehabilitation.
Examining the Arrest Details
Every detail of your stop, arrest, and evidence-collection process is crucial. Attorney Fienman will scrutinize each step to identify any rights violations that could lead to the dismissal of your charges.
Minimizing Penalties
Even if a conviction cannot be avoided, an experienced attorney can work to reduce penalties by exploring alternative sentencing options, such as treatment programs or a conditional license.
Why Choose Fienman Defense for a Drugged Driving Case?
Selecting the right attorney is essential when facing drugged driving charges. Attorney Michael Fienman offers unmatched expertise and dedication to clients facing DUI and drug-related cases.
- Extensive Experience: Attorney Fienman has an impressive record defending against drugged driving charges in Philadelphia and nearby counties. His deep knowledge of Pennsylvania DUI laws allows him to provide strategic, informed guidance.
- DUI Training: Attorney Fienman has received training in DUI detection and field sobriety testing, equipping him with the knowledge needed to challenge evidence related to drug impairment.
- Client-Focused: Attorney Fienman understands the stress associated with drugged driving charges. He provides personalized support and works closely with each client to develop a defense strategy tailored to their unique circumstances.
Standardized Field Sobriety Testing Certified
Pennsylvania DUID Law
Under Pa. Code §3802(d), Pennsylvania sets strict guidelines for driving under the influence of controlled substances:
- Controlled Substance DUI Offenses: It’s illegal to drive with any amount of a Schedule I controlled substance, unprescribed Schedule II or III controlled substance, or their metabolites in your blood. This includes drugs like cannabis, heroin, and other substances that impair your ability to operate a vehicle safely.
- Combined Influence: Driving under the combined influence of drugs and alcohol, or any combination of drugs, further heightens the severity of penalties due to increased impairment risk.
- Special Penalties for Minors & Commercial Drivers: Minors and commercial vehicle operators face stricter impairment thresholds and penalties, reflecting Pennsylvania’s commitment to road safety in higher-risk situations.
Attorney Fienman leverages his extensive knowledge of these laws to provide strategic defense for clients facing controlled substance DUI charges, focusing on challenging evidence, procedural errors, and ensuring fair treatment under the law.
Call Fienman Defense at (215) 398-1944 for a free DUI consultation.
Attorney Michael H. Fienman represents clients in criminal and traffic matters throughout Pennsylvania and New Jersey. Mr. Fienman is a zealous advocate known for relentlessly defending clients in state court, federal court, and before administrative agencies. Attorney Fienman is licensed to practice before the Supreme Court of Pennsylvania, the Supreme Court of New Jersey, the US District Court for the District of New Jersey, and the US District Court for the Eastern District of Pennsylvania.