DUI Crystal Methamphetamine
If you have received a DUI for Methamphetamine or for driving under the influence of Methamphetamine, because you were given a urine or blood test that was positive for the presence of Methamphetamine or a methamphetamine like substance, you should contact our DUI Lawyers Methamphetamine to get in touch with a law firm that works with a team of professionals on the matter and that knows how to handle those particular kinds of DUI charges.
Beating Crystal Meth DUI Charges
If you have been given a blood or urine test that was positive for a metabolite of methamphetamine, such as amphetamine, it is entirely possible that you were not under the influence of the drug, rather you may have ingested the drug many days earlier. Factors including frequency of use, body weight and size as well as metabolic rate all help to show that, although there may have been amphetamines in your blood, you were not in fact under the influence of Methamphetamine.
In other words, the Prosecution must show “actual impairment”. If you call DUI Lawyers Methamphetamine Orange County today, we can order a blood split from a certified specialist with whom we work frequently to negate the presence of Methamphetamine or alternatively, to show no actual impairment due to prior use of Methamphetamine.
Methamphetamine Use & Impaired Driving
Methamphetamine is an illegal drug, also known as a controlled substance. Methamphetamine based substances are a stimulant, used recreationally to enjoy euphoric feelings and a high energy speed sensation. Unfortunately, methamphetamine can cause serious bodily harm including, but not limited to, a disrupted nervous system, altered moods and personality, skin lesions, and heavy addiction. Long term use of methamphetamine can lead to psychotic behavior, prolonged anxiety, high blood pressure, cardiovascular issues, and brain damage.
DUIs for Methamphetamine and other Methamphetamine based substances often occur because drivers who take these drugs do not get adequate sleep and therefore get sleepy behind the wheel, fall asleep, and possibly crash their vehicle. Alternatively, a methamphetamine user may be overly anxious, jittery or paranoid, thus leading to a DUI for Methamphetamine. Additionally, Methamphetamine and Methamphetamine based substances can cause drivers to jerk their steering wheels, or make efforts to stay awake while driving, often leading to a DUI for Methamphetamine in Orange County.
Crystal Meth DUI Defense Attorneys
A DUI for Methamphetamine falls under the law for a DUI for Drugs.
First, let our skilled Crystal Methamphetamine DUI defense lawyers give you the relevant law. The relevant portion of the law that is applicable to DUI for Drugs is as follows:
All states have similar drugged driving laws. Each state defines a drug as “any substance or combination of substances, other than alcohol, which could so affect the nervous system, brain, or muscles of a person as to impair, to an appreciable degree, his ability to drive a vehicle in the manner that an ordinarily prudent and cautious man, in full possession of his faculties, using reasonable care, would drive a similar vehicle under like conditions.” Essentially, a drug is any substance other than alcohol that can impair driving ability. Courts across the country have held that Methamphetamine is a drug for the purposes of the DUI law.
Issues Surrounding Crystal Meth DUI Charges
What is the possible outcome of a criminal charge for DUI for Methamphetamine?
Punishments for a DUI for crystal meth vary depending in where you were arrested and which court your case is handled in. Generally, there are several possible outcomes of your case.
Initially, you could plead guilty and suffer the penalties below. However, if you plead not guilty then we can ask the prosecutor to lower the charge to a less serious traffic violation. If plea bargaining is unsuccessful, our crystal meth DUI charges can challenge the prosecution’s evidence at the preliminary hearing. Your case could be dismissed at the preliminary hearing if the judge finds that the police didn’t follow the law. After the preliminary hearing crystal meth DUI lawyers can talk to the prosecutor again to seek a lower charge now that their evidence has been challenged.
If we are unable to get your DUI charges dismissed, and we cannot successfully get the prosecutor to lower your charges, then we prepare for trial. When prepping for trial our crystal meth DUI lawyers consults with an expert witness who, if necessary, can testify that you were not impaired or that the tests are invalid. After the trial, you could be found not guilty.
However, if you are found guilty, then the punishment could include a jail sentence, probation, fines, DUI school, and a driver’s license suspension.
A crystal meth DUI charge is generally a misdemeanor, unless there are aggravating circumstances such as bodily injury to another person. Although a DUI for Methamphetamine in Orange County is still a misdemeanor, courts can sentence a guilty defendant to some jail time. It is important to call DUI Lawyers today so that we can get started on your case and try to keep you out of jail.
A crystal meth DUI is also subject to a DMV suspension of your driving privileges. You only have a short period of time, usually 10 days or less, to challenge a DMV license suspension. If you don’t challenge the DMV within 10 days then your license will be automatically suspended in 30 days. Once retained our crystal meth DUI lawyers can fight the DMV so that you may be able to keep your license, or get a restricted license or ignition interlock device.
Let Our Crystal Meth DUI Defense Attorneys Fight For You
If you are pulled over by a police officer and it is discovered that you have been taking Methamphetamine or a similar substance, and you are then charged with a DUI, there are plausible defenses to such a case, including the defense that you are not “actually impaired”.
For an individual to be guilty of driving while under the influence of drugs, it is not enough that the drug could impair an individual’s driving ability or that the person is under the influence to some detectable degree. Rather, the drug must actually impair the individual’s driving ability. Depending on the amount of the drug in your system at the time, we can make a case that you were not “actually impaired”.
Drugs affect people differently depending on their height, weight, body fat, and metabolism. Also, a person’s particular tolerance (a built up immunity to a drug’s effect by extended use) may mean that they will need more of a drug to feel the same effect as someone who does not regularly use the drug. Our team of crystal meth DUI lawyers can bring a qualified expert to testify in court about how these factors impact your case.
Police attempt to show actual impairment by blood or urine tests. However, blood and urine tests are subject to many challenges, including that the police did not follow storage and handling procedures they are required by law to follow. Also, additional blood tests by DUI lawyers can show that you were not actually impaired, and thus not guilty.
Our team of DUI lawyers would ask for a blood split to determine when the last time the drug was used, and if so, the relative quantity of the drug. If we can show that the driver was not actually impaired by Methamphetamine, then a DUI for Methamphetamine may not stick in Court.
An additional argument is that you were not actually driving the vehicle. It is possible that an officer did not witness you driving, or that you were merely sitting in a parked vehicle. Depending on the circumstances of your case, our DUI lawyers may be able to convince the court that there is insufficient evidence to prove you were driving.
Additionally, if the police officer did not stop you for the right reasons or had no reason at all, we can argue that the officer had no probable cause or reasonable suspicion to stop you, and it may be possible that the prosecution will dismiss the case.
What To Do After An Arrest For Crystal Meth DUI
Contact our crystal meth DUI lawyers for a free and confidential consultation regarding your case. We will look at your personal history and the facts surrounding the charges against you, and then we can discuss possible outcomes with you at no cost.