Driving under the influence of drugs, also known as drug DUI, or drugged driving, is a criminal offense under Pennsylvania law that is taken very seriously. Drugged driving arrests in Montgomery County, PA and the surrounding areas have increased significantly over the past several years as a result of increased drug recognition training programs used by Montgomery County police.
A drugged driving charge in Montgomery County, PA carries severe penalties – the same as the highest level of DUI under Pennsylvania law. Moreover, if the police find drugs in your car at the time of the alleged drugged driving, you may face multiple drug charges.
Drug DUI Laws in PA
Pennsylvania law, at 75 P.S. § 3802(d), outlines the criminal offense of Drug DUI as follows:
75 P.S. § 3802(d) – Penalties the same for highest rate DUI
An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:
There is in the individual’s blood any amount of a:
Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act;
Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or metabolite of a substance under subparagraph (i) or (ii).
The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).
Conviction for Drug DUI in Montgomery County, PA
You can be pulled over for drugged driving in Montgomery County, PA just like any other alcohol-based DUI stop. If there are PA Drug Recognition Experts (DREs) available, they may be called to the scene to check factors such as blood pressure, pulse rate, pupil size and other measurements. DREs may also scan you for injection marks and other telltale signs of drug use. Sometimes the DREs will administer additional field sobriety tests as well.
Any person who drives in Pennsylvania has implicitly given consent to chemical tests of blood, breath, or urine for the purpose of testing for the presence of a controlled substance. If you are under arrest in PA and you refuse to submit to testing, testing will not be performed; however, the PA Department of Transportation will suspend your driver’s license for 6-18 months regardless of whether you are ultimately convicted, and your refusal can be used as evidence against you at trial.
There are many legal arguments that an experienced DUI lawyer can make in defense of drugged driving charges in Montgomery County, PA. The fact that certain drugs, such as marijuana, remain in an individual’s system for weeks, or even months, after consumption means that even if a blood test reveals the presence of marijuana in a person’s system, this does not necessarily mean that the person was impaired by the drug at the time he or she was pulled over.
Just like any DUI charge in Montgomery County, PA, being arrested for drugged driving is a serious offense that can significantly affect your future. It is important for anyone who is charged with drugged driving in Montgomery County, PA to hire an experienced DUI lawyer who is able to challenge the validity of the traffic stop, the interpretation of the signs of drug use, the chemical tests performed, and the procedures done by the police.
Drugged Driving Lawyers in Montgomery County, PA
The Martin Law Firm is an experienced DUI defense law office located in Blue Bell, Montgomery County, PA. Our experienced drugged driving lawyers represent clients for DUI, drugged driving, and other drug charges in Montgomery County, PA and throughout southeastern Pennsylvania.
If you have been charged with drugged driving in southeastern PA, your best opportunity for success hinges on whether you retain a skilled lawyer to defend you. Contact the experienced drugged driving lawyers at The Martin Law Firm at 215-646-3980 for a free case evaluation.