Inaccuracies With DWI Drugs Testing

Being arrested for a DUI in Louisiana is intimidating. If you have a DUI drugs charge pending, you may be scared to participate in a trial. You may falsely believe that pleading guilty to a crime you didn’t commit is your only option. Even if you used an illegal substance or prescription medication, you may not have been impaired as a driver. There may also be inaccuracies in the officer’s report or the crime lab analysis.

Expert criminal defense attorney Robert McMillin understands the flaws of DUI drug cases and will successfully poke holes in the State of Louisiana’s case against you in order to get your charges dropped or dismissed.

Falsities with DUI drug tests are known occurrences in the traffic law and scientific communities. A 2016 study from The Automobile Association of America (AAA), for example, reported the field sobriety tests were inaccurate measures of impairment in DUI drug arrests for marijuana and other drugs.

In May 2017, NPR released a story detailing the findings of a Governor’s Highway Safety Association report. Though the study revealed a high percentage of drivers with drugs in their system during fatal car crashes, the data is largely inconclusive. The author of the report explained that though marijuana, controlled substances and/or prescription medicines were present in the drivers’ bodily systems, there is no way to test if the drug use was connected to the accident. In other words, a driver may have used drugs but was not impaired. These findings support the AAA conclusion that there is no clear measure of impairment in DUI drug cases.

Overall, the recent reports reveal that the mere use of a prescription drug or illegal substance should not be the reason you are arrested for DUI drugs in Louisiana. The impairment must also be proven by the State of Louisiana before you are convicted. The harsh penalties of a DUI drugs conviction include jail time, expensive fines and license suspension, and a guilty plea will force you to face some of those punishments without justification.

Don’t let fear prevent you from fighting for your rights. Schedule a free review of your case with experts James Bates and Robert McMillin and let these skilled attorneys demonstrate that your driving was not impaired by drug use.

Further Errors with DUI and DUI Drug Arrests

The recent studies mentioned above are only a few examples of inaccuracies with DUI and DUI drug arrests. Below are some of the other errors that can cause a false charge and conviction.

  • Conditions like diabetes and acid reflux can cause incorrect breathalyzer readings.
  • Crime lab errors such as contaminated samples or improper procedures can cause wrongful convictions.
  • As arrests for DUI drugs rise, states like Georgia report increases in police officer errors in their stops, observations, and reports.
  • Even drug possession charges following traffic stops can be mistakes as the New York Times reported the false positives achieved with current, roadside drug identification tests.

Though many are surprised to learn of the inaccuracies associated with DUI drug cases, skilled attorneys are up to date on the reports and training regarding the arrests and testing.

James Bates and Robert McMillin have completed more training than many other lawyers in Louisiana and are the best professionals to handle your case. Call (985) 315-3988 now to schedule your free initial appointment.