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Fortunately, these cases can be defended by our firm. The
prosecution of these cases are more difficult then they may
originally appear. Currently most Police Departments use urine
tests when they arrest someone who they suspect is Operating Under
the Influence of Drugs. Any credible Forensic Toxicologist will
point out that these urine tests are absolutely worthless in
establishing that a Driver was actually impaired to any extent by
any drug. The urine test merely shows whether or not a person may
have ingested a drug at an earlier time. There is no correlation
between the about of substance or metabolite of a drug in a
person’s urine and actual impairment.
Moreover, While a blood test will reveal more information than a
urine test, in that can reveal the presence of a drug in a
person blood, and whether a person may be within therapeutic
limits for taking the drug. The Fact is that the mere presence of
a drug even outside of therapeutic limits in a persons’ blood does
not mean a person is guilty of driving under the influence of
drugs. The Prosecution have to show actual impairment which is
caused by the drug, rather than some other cause. Unlike alcohol
where there the law makes a direct correlation between the offense
and certain blood alcohol limits, no such correlation presently
exist for 1192.4. Indeed, a person can have many times the
therapeutic limit and not be guilty of this offense because they
have built up a tolerance for this medication.
Given the Current Policy of many County District Attorney Offices,
it is imperative that a person charged with this offense hired a
qualified DWI Law Firm like Brunetti, Ascione, and Tomich.
We
suggest you call our law office and make an appointment for a
legal consultation on your DWI defense.
For More Information And To Schedule a Free Consultation Call
Our Office: 1 516 794-3500
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