Pittsburgh Drugged Driving Lawyer (DUID)

Alcohol isn’t the only substance that can get you into trouble if you are pulled over. Drugs can also be the reason behind a Pittsburgh DUI arrest.

Driving under the influence of drugs in Pittsburg is referred to as “DUID.” You can be charged if you are caught with illegal drugs in your system, such as methamphetamine, marijuana or cocaine. When you are under the influence of a controlled substance like heroin, the penalties for DUID are even harsher.

Charged with DUID in Pittsburgh? Don’t wait to call our experienced drugged driving attorneys – call (412) 281-2146 for free consultation.

We are available 24/7 and have a history of gettign favorable results in DUID cases.

Drugged Driving Laws in Pennsylvania

In addition to the drunk driving statutes, Pennsylvania also has drugged driving laws that prohibit driving, operating, or being in control of a vehicle while impaired due to one or more drugs.

Under Pa. Code §3802(d), you are prohibited from driving, operating, or being in actual physical control of the movement of a vehicle under the following circumstances:

• Pa. Code §3802(d)(1)(i)-(iii): When there is any amount of a Schedule I, II, or III controlled substances or a metabolite of a substance in your blood, and you do not have a valid medical prescription for the drug.
• Pa. Code §3802(d)(2): You are under the influence of a drug or combination of drugs to a degree that impairs your ability to safely drive, operate, or be in actual physical control of the movement of a vehicle.
• Pa. Code §3802(d)(3): You are under the combined influence of alcohol and a drug or combination of drugs that impairs your ability to safely drive, operate, or be in actual physical control of the movement of a vehicle.
• Pa. Code §3802(d)(4): You are under the influence of a solvent or noxious substance.

Drugged Driving Charges

If you are caught driving in Pennsylvania while impaired by drugs, or a combination of alcohol and drugs, your case will be handled very much like a drunk driving case.

The police who pull you over will examine you for things like bloodshot eyes or being unsteady on your feet. The police will usually ask you to take a field sobriety test and probably a blood or urine test. Urine tests are usually considered more effective than other chemical tests for detecting the metabolites that are a clue that there are drugs in your system.

If Pittsburgh police suspect you are under the influence of drugs, they will often call in a drug recognition evaluator. The DRE will inspect you for signs of recent drug use. Usually, they will take your blood pressure and pulse, closely examine your eyes, and scan you for track marks. They will probably also question you and give you their own field sobriety test.

Penalties for DUID

In Pennsylvania, driving under the influence of drugs will cause you to be charged at the highest level of the Commonwealth’s three-tier system.

Third tier, first offense:

• Three days to six months in jail
• $1,000 to $5,000 fine
• One year license suspension
• Alcohol highway safety school
• You may be required to take a court-ordered treatment program

Third tier, second offense:

• 90 days to five years in jail
• $1,500 to $10,000 fine
• 18 month license suspension
• Alcohol highway safety school
• Ignition interlock on your vehicle for one year
• You may be required to take a court-ordered treatment program

Third tier, third offense:

• Up to seven years in jail
• $2,500 to $15,000 fine
• 18 month license suspension
• Ignition interlock on your vehicle for one year
• You may be required to take a court-ordered treatment program

Other negative repercussions:

• Convictions go on your permanent criminal record.
• Higher car insurance rates. You could also be dropped by your insurance provider.
• Enhanced sentences if you caused an injury or death by driving drugged.

Drugged Driving Accidents

If you are involved in a crash, the police will look for signs that you are impaired due to drugs or alcohol. Unfortunately, drug- and alcohol-related accidents are not uncommon in Pittsburgh. Also, the police know which drugs account for the most drugged driving accidents, including marijuana, opioids, amphetamines, cocaine, and prescription sedatives. They will specifically look for clues that you have taken one of these types of drugs before driving.

If the police have reasonable suspicion that you are impaired due to one or more drugs, you can be arrested for drugged driving. You will be asked to submit to a blood test, and if you refuse, the police are likely to get a warrant that demands a blood sample. Your blood will be tested for the presence of alcohol and a wide range of drugs, including prescription drugs and controlled substances.

If you cause an accident when there is a controlled substance in your body, or when you are impaired by any type of drug, then you may face additional charges than a drugged driving offense. You could be charged with aggravated assault by vehicle while driving under the influence (75 Pa. Code §3735.1). Vehicular assault due to drugs is a second-degree felony. You can be penalized with up to 10 years in prison and fines reaching $25,000.

If you cause a drugged driving death, you can be charged with homicide by vehicle while driving under the influence (75 Pa. Code §3735). Vehicular homicide due to drugs is also a second-degree felony, but with a mandatory minimum prison sentence of three years, and an additional three years of imprisonment for each individual killed in the crash.

If you caused an accident when you were impaired due to a drug, call a drugged driving attorney immediately. You may face a DUID charge as well as a vehicular assault or homicide offense. You will need an experienced attorney to defend you.

Steps To Take If You Are Charged

If you have been charged with DUID, your first step should be to immediately hire a Pittsburgh DUID lawyer. Before your hearing is even scheduled, an experienced Pittsburgh DUID lawyer can begin working on your defense.

Soon after your arrest, you will receive a copy of your criminal complaint in the mail. It’s important to show this paperwork to your attorney so he or she can see your exact charges.

One of the next steps in the DUID process will be your preliminary hearing. This is the first court appearance on your case and it is critical because at this hearing your options, including a plea negotiation or a trial, will be determined. Your attorney will help you obtain the best possible outcome for your situation.

Defend Against Drugged Driving Charges

When you are facing a DUI charge based on drug impairment, you need to work with a drugged driving lawyer. There may be possible defenses to the charges, such as:

• You were not driving, operating, or in actual physical control of the movement of the vehicle.
• You had only prescription medication in the prescribed amount in your system.
• You were subject to an unreasonable traffic stop.
• You were subject to an illegal search or seizure.
• The blood sample was contaminated.
• The blood test was not properly administered.
• The results of the blood test were inaccurate.
• The testing equipment was not properly calibrated or in some way flawed.

Contact an Experienced Pittsburgh Drugged Driving Lawyer

If you have been arrested for drugged driving in Pennsylvania, your first step should be immediately contacting a Pittsburgh drugged driving attorney. An experienced DUI attorney will guide you through the legal process and understand how to proceed based on your specific case.

Contact us 24/7 for a free consultation with our experienced lawyers at (412) 281-2146.