DWI cases involving drugs (CDS) or prescription medication are more difficult for the state to prosecute and therefore provide the defense with the opportunity to develop effective defenses. In order to convict you of a drug related DWI, the prosecution must show that you ingested some form of CDS or prescription medication AND that you were “impaired” at the time of the operation of the vehicle. This is much more difficult to prove in drug related DWI cases because drugs and prescription medications could remain in the system for as long as 3 months or longer in some circumstances. More importantly for the defense, when an officer decides to draw blood or take a urine specimen from you, the Prosecutor faces significant legal hurdles that must be overcome in order to admit the lab results into evidence.
A successful defense could lead to a ruling by the Judge that the lab results are “suppressed” and therefore inadmissible as evidence against you.