There are multiple ways a Greensboro DWI attorney can help with a drug-impaired driving case. Driving while under the influence of a drug other than alcohol has become a more prevalent topic in recent years. Most people do not realize that the standard of evidence for proving that someone is driving drug-impaired is different than that of driving alcohol-impaired. If your case involves driving while under the influence of a specific drug other than alcohol, there are certain differences you should note.
For example, most alcohol-impaired driving cases can be proved with field sobriety tests. These tests usually consist of things such as the walk-and-turn test or the one leg stand. These tests were created to detect alcohol-impairment, not necessarily drug-impairment. Studies currently differ on whether these tests are effective in determining drug-impairment, and therefore many courts have determined that an officer can not testify that a field sobriety test established that a person was drug-impaired while driving. An officer can, though, testify about their observations of the defendant during the roadside assessment. Therefore, observations of skills that are necessary to operate a motor vehicle may be helpful. This may include things such as the defendant’s balance and coordination.
In a driving while drug-impaired case, a field sobriety test may not be enough to prove impairment. Most often, there must be surrounding facts that would induce a reasonably cautious person to believe that one was driving while under the influence of a drug. For example, when determining if an officer was reasonable in inferring that someone was under the influence of marijuana while driving, the officer may use surrounding facts such as smelling it in the car or physically finding it within the car to help prove probable cause. These are surrounding facts that may help a jury determine sobriety.
There are more factors that go into determining a driving while drug-impaired case. For more information, contact a Greensboro DWI attorney at 336-379-0539 today! The attorneys at Garrett, Walker, Aycoth and Olson know the requirements of the law and also genuinely care about each and every case presented by their clients.