asheville dwi lawyer - drug and blood cases
Blood cases are not limited to drug related DWI charges, however, drug related DWI cases require many different considerations:
- Drugs, even your prescriptions when used as directed, can land you a DWI charge. Often times blood draws are involved in these cases, and long waits for the results can open all kinds of speedy trial related issues.
- Often times DWI is charged on suspicion of drug related intoxication, and there is no blood work to support the charges. These cases are particularly worthy of challenging at trial with the help of a skilled DWI lawyer.
- Your prescription can get you charged with DWI. It is not a recognized excuse that you were prescribed the drug. The questions can become, were you really appreciably impaired? Would the drugs you took cause the nature of impairment being alleged? Sometimes a defense side expert could help combat these allegations. You'll want to discuss these cases with a DWI Lawyer who is willing to fight for you.
- If you are suspected of driving while impaired, often times police may request a blood draw sample as opposed to a breath test, particularly if drugs are believed to be the cause of impairment.
- Blood draws require consent, exigency, or a warrant. Exigency is usually when you can't consent or other issues that give police a reason to get the draw without permission or a warrant.
- Absent an exigency or your consent, a warrant must be issued to take your blood.
- Often times blood draw results take years to return. The State will generally continue your case until the blood returns, or you and your lawyer challenge the continuance under speedy trial principles.
- Generally, pending blood draw results you can drive since there is no civil revocation of your license. Sometimes waiting for the results makes sense, other cases a deal may be struck to avoid imminent conviction and potentially stiffer results and financial penalties.
- If you are admitted to the hospital after a wreck and charged with DWI, the state will often times move to secure your treatment records relating to the accident. While this raises significant privacy concerns, it is a motion generally granted by local judges.
- You'll definitely want an aggressive DWI attorney to consult on blood draw DWI cases.