Drug DUI Defense- Challenging the Science
Virginia drug DWI defense- Fairfax DUI lawyer
Virginia drug DWI defense has overlaps with and divergences from defending against driving under the influence of alcohol prosecutions under Virginia Code § 18.2-266. As a Fairfax DUI lawyer, I know it is important for you to ask your potential lawyer about his or her experience, ability, knowledge, and devotion to defend your specific kind of case capably. Related to that, make sure you are fully ready for all your court dates and all other aspects of your defense. More on that is on our fourth Beath the Prosecution podcast episode.
Must I disclose my drug use and drug possession to the Virginia police?
Start your Virginia drug DWI defense and all criminal defense by knowing and exercising your Fifth Amendment Constitutional right to remain silent with the police and not to have your silence used against you, your Sixth Amendment Constitutional right to demand the presence of a lawyer before you answer any police interrogation questions, and your Fourth Amendment right to decline to submit to nor assist police searches. You have no obligation to tell the police, the Virginia court magistrate, or anyone else about your use of drugs, medication, or any other substances, nor to say whether you possess such items or not. Do beware, however, that if you do not tell police before being booked into jail that you possess drugs, you risk being charged with the separate crime of possessing drugs in jail. Virginia Code § 53.1-203.
Must I consent to having my blood drawn for a Virginia drug DWI investigation?
Drawing blood from you in your Virginia drug DWI case is a search. You never have to consent to searches. Declining a blood draw to check for alcohol or drugs in your bloodstream does not automatically preclude prosecuting you for the civil offense of refusing blood testing in relation to a Virginia driving under the influence charge against you.
Should my Virginia DUI lawyer consult with a forensic scientist about my blood exam?
Numerous steps are needed for your Virginia drug DWI defense attorney to challenge the blood draw and blood testing of you. Check with your Virginia DUI lawyer whether a forensic scientist should be consulted about the Virginia Department of Forensic Science (DFS) exam result of your blood. I repeatedly do this, where the independent forensic scientist will tell me the extent to which the quantity of each drug found in my client's blood can have adverse reactions against each other and can have no, a low, a medium, or a high adverse affect or influence on the person's behavior.
What should be your Virginia DUI lawyer's knowledge base and ability to deal with the chemistry, biology, and overall science of your case?
It is not enough for your Virginia drug DWI defense lawyer only to know about the law and how to handle trials. Ask your potential DWI defense attorney about his or her facility with the science relevant to your case, including challenging DFS scientists and getting your blood analyzed by an independent blood testing laboratory.
Fairfax DUI lawyer Jonathan Katz has a firm grasp of the law, science, and trial strategy needed to pursue your best possible arrest against Virginia prosecutions alleging driving under the influence of alcohol, drugs, or both. Call 703-383-1100 for your free in-person confidential consultation about your court-pending prosecution.
