Are DWI Cases Involving Illegal Or Prescription Drugs Common?
The Police Generally Do Not Know You Were On Medication Unless You Actually Tell Them
It is difficult for police officers to detect you are under the influence of drugs unless they pull you over and there is evidence of drugs in the vehicle. A very important nuanced point to remember is to never ever consent to allowing the police to search your vehicle.
Whenever the police pull you over, they are standing over you in each of your windows. Understandably you might be scared because you have not been in this kind of a position before. The officers might even raise their voice so you might be intimidated and just give in to whatever the officer asks you to do.
You are generally not be arrested unless you admit something to the police officer, because the officer has to see that you are impaired or intoxicated before they ask you to get out of the car. The first thing they will do is to ask what you have taken, what you smoked and what you drank.
Fifty percent of the battle is, is telling the officer that you do not drink, smoke or take drugs. Although if you say that but still appear impaired, then the officer will pull you out of the car and if you pass the Alco-Sensor, they might take you in under suspicion of being on narcotics.
You Do Not Need To Consent To Being Searched
It is very important for you to know your rights. You have a right to not be searched without a warrant and you should never consent to allowing the police to search your vehicle.
This would almost sound counterintuitive, but people do get pulled over all the time and even though they know they have evidence of drugs or drugs themselves they still consent to allowing the police officer to search the car. Although it is baffling, this happens every single day.
You should always remember to never allow this to happen. It would be the same thing as making a confession.
It Is Illegal To Be Smoking Marijuana While Driving
With drug cases, people usually get pulled over because they are smoking marijuana in the vehicle. This is actually something we see all the time because people tend to think that driving along the highway and smoking marijuana is a good idea, but when they get pulled over they essentially are holding a smoking gun.
You could throw the joint out the window, but the car will still stink like marijuana. There may be smoke coming out of the car and you may have bloodshot, watery eyes. There might even be a residue of marijuana either in the car or all over your shirt.
The police officer will ask if you had been smoking marijuana, and then most likely you would say yes, you had smoked a couple of hours ago or whenever it was. You might even be under the influence of some other drugs or prescription drugs.
For more information on Drug Related DWI Vs Alcohol DWI, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (212) 500-3273 today.
Russ Kofman is a founding partner in Lebedin Kofman LLP. He has extensive litigation experience defending clients accused of felonies, misdemeanors and DWI/ DUI crimes.