While alcohol is a major factor in DUI cases, other substances can also impair driving. Both legal medications—like Valium, Xanax, and Loritab—and illicit drugs can lead to criminal charges if they impair your ability to operate a vehicle. Even with a valid prescription, you may face charges for driving under the influence of drugs (DUID) if an officer determines the medication influenced your driving. Our DUI drug lawyers know how to challenge state testimony in court and make the case for your acquittal.
Call our Manhattan office at (785) 645-2732 or contact us online today to set up a consultation. We can meet either via video conference or in person.
Chemical Tests in DUID Cases
Under Kansas law, anyone who drives within the state automatically consents to tests of their blood, breath, urine, or other bodily substances to check for the presence of alcohol or drugs. Refusing to take or complete these tests means the tests won’t be administered, but you face severe penalties. A first refusal results in a one-year suspension of driving privileges, with penalties increasing to two years for a second refusal, three years for a third, ten years for a fourth, and permanent revocation for a fifth refusal.
Unlike alcohol tests, which measure blood alcohol concentration (BAC) to establish impairment, drug-related tests only determine if a drug is present in the system. They do not quantify impairment or indicate whether the driver was influenced by the substance at the time of driving.
For example, marijuana can remain detectable in the blood for days or even weeks after use, making it difficult to prove recent consumption or impairment. This limitation leaves substantial room for interpretation in DUID cases.
Depending on the circumstances of your case, our attorneys may be able to target vulnerabilities within the chemical testing process. We’ll review the chain of custody for the sample, ensuring there was no mishandling that could have compromised its integrity. We can also examine whether the testing equipment was properly calibrated and maintained, as faulty equipment can produce inaccurate results. Procedural errors, such as improper collection or storage methods, can also be grounds for excluding test evidence.
Another avenue for challenge is the interpretation of results. Since these tests lack context regarding your tolerance or impairment level, there’s the potential for arguing that the presence of drugs alone does not confirm impaired driving.
The Drug Recognition Exam (DRE) is how law enforcement attempts to provide a court with needed context regarding the potential presence of drugs in a driver’s system.
The process begins with a Breath Alcohol Test to rule out alcohol as the sole cause of observed impairment. This is typically followed by an Interview with the Arresting Officer to gather information about your behavior and driving. Once preliminary checks are completed, there will be an assessment of health-related causes for impairment, including medical conditions.
The next steps involve physical and psychophysical assessments. The DRE includes checking your eyes and pupil reactions, along with tests that aim to gauge physical coordination and focus. A proper DRE protocol will also likely include testing your blood pressure, heart rate, and temperature, all of which can indicate drug use. Other tests may include pupil dilation and checking for muscle rigidity.
All of the findings are then consolidated into a final opinion, which usually includes the exam results discussed above.
Our attorneys will carefully scrutinize DRE results for reliability and accuracy. One possible angle is to question the officer’s training and certification as a drug recognition expert. Many of the tests are subjective and may lack medical validation. We may also argue that external stressors, medical conditions, or legal medications influenced the results.
Additionally, delays or errors in toxicological testing, improperly maintained equipment, or flawed documentation can weaken the prosecution's case. With over 15 years of experience, we know how to dissect each step of the DRE process, looking for ways to raise reasonable doubt about the prosecution’s case.
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Call Our Drug DUI Lawyers Today
Since 2005, the dedicated team in our Manhattan office has been fighting to protect the rights of individuals facing criminal charges. For those accused of driving under the influence of drugs (DUID), it’s natural to feel overwhelmed and even consider pleading guilty just to move on. However, this can have long-term consequences on your record, finances, and future opportunities. Before making any decisions, we encourage you to reach out to us. A thorough review of your case could uncover opportunities to challenge the charges and seek a better resolution.
Our attorneys are well-versed in the strategies that can be used to defend against DUID charges. From scrutinizing the methods used to test for impairment to questioning the legality of the traffic stop, there are often more options available than defendants realize. The District Attorney’s office won’t volunteer these possibilities, but we will. Our team is committed to providing an honest evaluation of your case and crafting a defense strategy that prioritizes your rights and future. Don’t navigate this process alone—let us fight for you.
Call (785) 645-2732 today. We work with both English and Spanish-speaking clients throughout Riley, Clay, Saline, Shawnee, and Wabaunsee counties