The sight of red and blue flashing lights in your review mirror can cause your heart to skip a beat. In this situation, it is important to take a deep breath and pull over. The officer will likely approach your car. Ideally this will lead to a brief conversation and you will be on your way. Unfortunately, for some this could escalate to accusations of drunk driving. After more questions, you could find yourself under arrest and facing drug charges.
The situation may seem overwhelming and confusing, but it is important to focus on handling the matter wisely. The following steps can help to better ensure you protect your rights and work towards the most favorable outcome possible.
Step #1: Seek legal counsel
It likely goes without saying, but serious matters call for serious help. Getting arrested after a DUI stop and facing drug charges is serious. Delegating the issue to an experienced DUI attorney can lead to invaluable guidance and representation. The right legal team will help you understand the charges, potential penalties, and the best course of action.
One of the first things your attorney will explain is how the DUI stop led to drug charges. DUI stops often involve field sobriety and other tests to gather evidence. While the officer is having the initial conversation with you during the stop they are scanning your vehicle. If they see illegal drug paraphernalia, they can argue that they have cause to search the vehicle. This is done in an attempt to gather evidence to support drug charges. Your attorney can also explain the difference in potential penalties, which is especially important if you face multiple criminal charges.
Step #2: Gather evidence and documentation
Your attorney will likely advise you to gather any evidence or documentation that could support your case. This might include:
- A clear explanation of what led to the arrest
- Police reports and any documentation from the arrest
- Witness statements or contact information
- Any relevant medical records or prescriptions
Having this information ready can help your attorney build a strong defense.
Step #3: Consider potential defenses
There are several defenses that might be applicable in a drug possession case. Your attorney will help determine which, or combination of which, apply to your situation. Common defenses can include an illegal search and seizure or a lack of knowledge. If the police did not have a valid reason to search your vehicle, any evidence obtained might be inadmissible. There are some circumstances where it is possible to argue that you were unaware of the presence of drugs in your vehicle. To build drug charges, Georgia law generally requires the prosecution to establish that the individual knew or should have known of the presence of the drugs. In some situations, such as if you were using someone else’s vehicle, lack of knowledge could be a viable defense strategy.
Each defense has specific legal requirements, so it is important to discuss these options with your attorney.
Step #4: Prepare for court proceedings
It is important to prepare if your case goes to court. Your attorney will guide you through the process, which may include:
- Understanding courtroom procedures and etiquette
- Preparing your testimony and any statements
- Reviewing potential outcomes and plea options
- Being well-prepared can impact the outcome of your case.
Facing drug possession charges from a DUI stop is a serious matter that requires immediate attention and action. By understanding the charges, seeking legal counsel, gathering evidence, considering potential defenses, and preparing for court, you can work towards a more favorable outcome.