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Drug related DUIs can be even scarier than alcohol related DUIs. For most types of drugs, Washington recognizes no legal limit. Unfortunately, the DUI statute is also vague enough to include almost ANY kind of drug as a drug that can give rise to a DUI charge – regardless of whether the drug is a prescription or over the counter or whether or not it is taken according to a doctor’s instructions. Many people in Washington are now being arrested for driving under the influence of prescription drugs like Ambien, Oxycodone, Oxycontin, and even drugs like Wellbutrin and Zoloft, or drugs like marijuana, sometimes in combination with alcohol or other drugs and sometimes alone. One little pill can give rise to a real life nightmare.
When law enforcement obtains a warrant for a blood sample, the state often attempts to use the presence of drug metabolites as proof of driving under the influence. This means that a person may have taken a medication or drug DAYS before an alleged incident and the prosecution might still try to use evidence of metabolites as proof that the person was under the influence. Some drugs or substances may also cause blood tests to show false positives
Although drug related DUI prosecutions have been around for a long time, recently,
law enforcement has shown an increasing tendency to arrest drivers for non-
DUIs related to Ambien or Zolpidem are an increasingly common problem for drivers around the country. The drug is often associated with the phenomenon of sleep driving. A person will take the drug as a sleep aid and then with no knowledge of doing so, will find themselves behind the wheel with police at their window or in a ditch in the car in their pajamas. The special nature of the drug makes it seem unfair to apply traditional strict DUI accountability. Sometimes officers charge drivers for driving with prescribed drugs like Zoloft, Prozac, Paxil, Effexor, Oxycodone, Wellbutrin, Halcion, Lithium, and others, alone or in combination with alcohol. There is no “legal limit” for these sorts of drugs and the level of intoxication alleged by the state can become a frightening guessing game with serious consequences. Ms. Dalton has used cutting edge legal motions and an aggressive trial strategy to obtain superior results in these sorts of cases.
Drug DUI cases present special challenges and not all attorneys are equipped to handle
the atypical scientific and legal issues related to legal and illegal drugs. Although
Washington law is very specific as to the amount of alcohol that would definitively
constitute intoxication (the “legal limit” of .08), Washington law is much less specific
when it comes to drugs. In fact, Washington is one of very few states whose drug
DUI laws do not define specific drugs that will form a basis for a DUI charge, nor
does the law specify what level of prescription or non-
New marijuana laws and recent changes in requirements for obtaining blood tests leave
some new and untested areas in drug-
Ms. Dalton is not afraid to aggressively defend your case against unfair prosecutions and drug related DUIs. Whether the ultimate goal is a good plea bargain or taking the case to trial and beating the charges, Ms. Dalton uses cutting edge, aggressive litigation to obtain the best possible results for her clients. Whether focusing on constitutional rights, some procedural failure of the system, or scrutinizing and attacking the credibility of the state’s scientific evidence and experts.
Ms. Dalton makes it her business to cultivate an in-
To effectively defend a drug related DUI charge, you need a lawyer with the technical knowledge to hold the state’s feet to the fire.
Experienced and compassionate, Ms. Dalton has had many years of success in defending against DV criminal charges.
Nicole T. Dalton
Experienced & Aggressive DUI Lawyer
The fierce defender
The compassionate advocate you deserve.
Serving the Southwest Washington area including Clark, Skamania, Pacific, Cowlitz, Wahkiakum counties and the areas of Vancouver, Battleground, Washougal, Camas, Ridgefiled, Kelso, Longview, Stevenson, Long Beach, Grays River, South Bend, and others. Immigration services available throughout Washington and Oregon, including the greater Portland area. 2904 Main Street, Vancouver, WA 98663.
In Washington, drug related DUI charges can be a scary, slippery slope. Prosecutors can charge a person with a drug related DUI based on alleged consumption of almost any drug.
To speak with Ms. Dalton by phone or schedule an appointment, call 360-
For emergency situations, after regular business hours, call or text: 360-
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