CONTROLLED/ILLEGAL SUBSTANCE (DRUGS, ETC.)

These cases are generally based on a traffic stop in which the cop finds illegal drugs in the car (marijuana, cocaine, heroine, etc.).  Sometimes the police officer will just suspect drug use and request that the driver take a drug test.  As with the general advice on alcohol, many attorneys only recommend that you submit to such a test when you can pass it.

The presence of illegal drugs on a test does not necessarily mean that you are guilty of a DUI/DWI.  It is not even always true that consuming so called illegal drugs is always illegal: conceivably a person could be returning from Amsterdam or some other place where drugs are more tolerated.

You are only guilty if you were under the influence of the drug at the time that you were driving.  Remember certain drugs stay in your system for many days and even weeks.  It is important to take such a charge seriously even if you do not think you are guilty of being under the influence.  Some states will suspend you license just for using drugs.  Others will force you to go through drug treatment programs and endless AA meetings.