Driving Under the Influence of Drugs

Being stopped, searched, arrested and charged with driving under the influence of drugs has put you in an especially difficult situation. It is important to keep in mind that the entire process you are being put through is designed to intimidate you; you are being pressured, and you will be coaxed to do the very thing you shouldn't: incriminate yourself. The best way to avoid the latter is to answer the questions put to you with the demand for an attorney. At that point, the interview will stop and you will be allowed to retain counsel before saying anything further.

Your Rights in Custody

It is essential that the lawyer you work with be one with considerable expertise and experience in defending individuals in your situation. You do not lose your right to say nothing that might incriminate you just because the authorities believe you have committed a crime. Believing something and proving it are two different things. And the criminal justice in this country is governed on the principle that every person is assumed innocent until proven guilty. Police and prosecutors do not necessarily have the evidence they claim they do. When you are in custody, they are in a position of power over you and they know it; they will try everything they can think of to get you to confess to something you did not do. There is no reason for you to bend to such pressure. An attorney who specializes in these kinds of cases can give you a fighting chance to beat the charge against you.

Building Your Defense

You need a legal mind of equal talent, energy, and vigor to that of prosecutor on your side during these proceedings. Your lawyer will be able to examine the evidence the authorities say they have on you; they will be able to gather additional facts, analyze, and evaluate them, as well as forensic evidence and expert and eyewitness testimony that will also work in your favor. Facts alone are not enough to get someone convicted. They must be placed in context and interpreted in a particular way. Your attorney will have the insight and ability to examine and interpret the facts in a way that will exonerate you.

Negotiating a Resolution

It may be the case that you are not in a position to deny or completely refute what you have been charged with doing. Even if that is so, you should still not speak to police without an attorney present. Doing so may result in your losing all leverage you might have to negotiate. Being charged with driving while under the influence of drugs is not the end of the world; it doesn't mean you will be forced to do prison time. Your lawyer can act on your behalf to get a deal that is lenient and merciful and consistent with your lifelong conduct.

Penalties in New York State

The only thing you should not do is to give a statement saying exactly what the police tell you to. That will result in ruin. Indeed, the penalties for driving under the influence are pretty tough in New York State. Unless you are able to bring an attorney that is willing to fight and advocate on your behalf, you are facing prison time, a large fine, and the loss of your license. Not to mention the loss of your job and a difficult situation at home.

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If you are arrested for being under the influence, you will feel threatened and intimidated. The problem is you don't have time to feel that way. You must pull focus immediately and do the work necessary to gain your release. This starts by hiring a well-qualified attorney.