When it comes to driving under the influence, many people assume that the terms “drunk driving” and “drugged driving” are interchangeable. However, there are significant differences between the two, and it is important for criminal defendants to understand these differences in order to mount the best defense possible.
Drunk driving, also known as driving under the influence of alcohol (DUI), refers to operating a motor vehicle while under the influence of alcohol. This can be determined through a breathalyzer test or a blood test, which measures the amount of alcohol in a person’s bloodstream. In most states, a blood alcohol content (BAC) of 0.08% or higher is considered evidence of drunk driving. However, it’s worth noting that in Pennsylvania we have different limits for commercial drivers, who are held to a lower BAC limit of 0.04% and for drivers under 21 who have a lower limit too.
On the other hand, drugged driving, also known as driving under the influence of drugs (DUID), refers to operating a motor vehicle while under the influence of drugs. This can include both illegal drugs and prescription medications. Unlike alcohol, there is no universally accepted threshold for determining if a person is under the influence of drugs. Instead, drugged driving cases rely on a combination of physical evidence, such as the driver’s behavior and performance on field sobriety tests, and chemical tests that measure the presence of drugs in a person’s system. This can include blood tests which measure the amount of drugs in a person’s bloodstream.
The McShane Firm is well-versed in the differences between drugged driving and drunk driving cases. Our attorneys have a deep understanding of the laws and regulations surrounding both types of cases, and are able to provide our clients with the most current and accurate information possible. We also understand the unique challenges that come with drugged driving cases, such as the difficulties in determining the presence and level of drugs in a person’s system. In addition, blood test results can be particularly challenging to interpret, as some drugs may be present in a person’s bloodstream long after their effects have worn off.
In addition, our attorneys are experienced in navigating the legal system, and know how to present a case in a way that is most likely to result in a favorable outcome. Whether you are facing a first-time DUI or DUID charge, or have been through the legal system before, The McShane Firm will work tirelessly to ensure that your rights are protected and that you are treated fairly.
One of the key aspects of our defense strategy is to carefully review all the evidence in your case, including blood test results, and look for any potential weaknesses in the prosecution’s case. For example, if the blood test results are not properly handled or stored, or if the testing equipment was not properly calibrated, these could be used to challenge the validity of the results.
Additionally, we will work closely with expert witnesses, such as toxicologists, to help us understand the implications of the blood test results and to provide expert testimony on your behalf in court. We know that the prosecution will be using the evidence from the blood test results to prove that you were under the influence of drugs or alcohol, and we will do everything in our power to refute that evidence and to cast doubt on their case.
In summary, there is a significant difference between drugged driving cases and drunk driving cases. Drugged driving cases rely on a combination of physical evidence, such as the driver’s behavior and performance on field sobriety tests, and chemical tests that measure the presence of drugs in a person’s system, including blood test results. Drunk driving cases rely on all of those things or just the BAC. As someone accused of a DUI or DUID you need to pick the attorney who understands these nuisances and details The McShane Firm is well-versed in the differences between these two types of cases, and has the knowledge, experience, and skill to provide an effective defense for clients facing these charges.
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