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DUI and Controlled Substances

Drunk driving is a well-known issue. However, Pennsylvania law bans anyone from driving while under the influence of any intoxicating substance. This includes alcohol, but also marijuana, cocaine, heroin, meth and many other controlled substances or drugs. Unlike alcohol, for which there is a certain blood alcohol content that makes you legally intoxicated, any amount of some of these drugs can put you behind bars.

Philadelphia Drugged DUI Lawyer

If you are facing charges of a DUI with drugs, an aggressive criminal defense attorney can challenge the prosecution's evidence and seek to have your charges reduced or dismissed. You can hire a Philadelphia drugged DUI lawyer from Alva Foster & Moscow, LLC to fight for you. We will argue against DUI blood tests and other evidence, and expose the weaknesses in the case against you to the jury.  A DUI with drugs has severe penalties, but you don't have to accept them. Call us today at (215) 665-1695 to set up a consultation with a tough attorney.

We represent clients in and around Philadelphia, including Bucks County, Chester County, Montgomery County and Delaware County, as well as New Jersey.

Pennsylvania DUI - Controlled Substances Info

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Driving Under the Influence and Controlled Substances in Pennsylvania

The law of the Commonwealth of Pennsylvania bans the actual physical control of a motor vehicle while intoxicated to the extent that your ability to drive safely is impaired. In 75 Penn. Cons. Stat. § 7802(d), the standards by which someone is considered legally intoxicated by drugs or controlled substances is laid out.

A DUI for controlled substances, under this law, relates to what schedule the drug falls under in the Pennsylvania Controlled Substances, Drugs, Device and Cosmetic Act. Schedules are lists of drugs.

Schedule I includes marijuana, LSD (acid), heroin and synthetic drugs, like bath salts and spice.  Schedule II includes cocaine, PCP and meth. Schedule III includes anabolic steroids.

You may not legally drive with any amount of any Schedule I drug in the blood. This includes marijuana, which can stay in the blood system for a long time. You may not drive with any amount of Schedule II or III drug in your blood, unless it has been prescribed to you by a doctor or medical professional. You also may not have the metabolites from any of these drugs in your system.

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DUI Test for Drugs in Pennsylvania

Philadelphia-area police do not have an effective means of testing the breath for drugs during a DUI. They must instead rely on blood or urine tests. Generally, the blood test will be chosen.

The officer will pull you over. He or she must have reasonable cause to do so, and must have reasonable cause to believe you are intoxicated. If he or she smells marijuana or any other smoked drug, your eyes are very red or he or she believes you are behaving like someone who is on a controlled substances, he or she may ask you to take a DUI test.

The officer must read your O'Connell warnings, which advise you on the consequences of refusing a test. It is your Fifth Amendment right to refuse the test. However, the officer may seek a warrant that will require you to take the test. Unfortunately, drugs tend to stay in the system for longer than alcohol, giving them more time to do so.

Your Philadelphia DUI defense lawyer will carefully review all steps taken by police leading to your arrest. If there was a DUI test, the failure to follow procedure can lead to the test being suppressed in your prosecution, which could lead to your charges being dropped.

Consequences for a DUI with drugs depend on the number of convictions you have had, but are severe. You could face jail time, heavy fines and lose your license.

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Finding the Best Attorney for Philadelphia Controlled Substance DUI Charges

If you are facing charges of driving under the influence of drugs, you do not have to settle for the consequences. A tough Philadelphia drugged DUI lawyer from Alva Foster & Moscow, LLC can help you fight the charges. We will fight for your rights and seek the best possible result for you. Call us today at (215) 665-1695 for a consultation.