Importance of hiring a lawyer with experience in fighting marijuana or drug DUI cases

At Southern Hills Law Firm, we understand the serious implications that come after a Marijuana or other drug DUI charge. With strict laws and intense scrutiny from law enforcement, facing such a charge can be overwhelming and threatening. We are firmly committed to defending our clients and helping them navigate through this distressing time. Our seasoned team of legal professionals has special training on the complexities that surround Drug DUI cases.  

Definition of Drug DUI

Facing a Drug DUI charge can be an intimidating and life-changing event. Allegations of this nature are taken extremely seriously under South Dakota law, due to the potential dangers posed by impaired driving. As a law firm with a deep understanding and substantial knowledge of South Dakota’s Drug DUI law, we aim to provide support and legal assistance to those who stand accused of these charges.

South Dakota codified law 32-23-1(3) defines Drug DUI offenses as:

“operating a vehicle while under the influence of drugs, to the extent that the person is incapable of safely driving.”

This extends to any drug or substance that alters the brain or body’s normal functionality, including both illegal and prescription drugs. Therefore, even legal, prescribed medication can be grounds for a DUI charge if it impairs your ability to operate a vehicle safely.

Defenses to Drug DUI

Drug DUI and Marijuana DUI cases are relatively new criminal topics to the state of South Dakota and not yet well understood. You may find that a lawyer without the proper training or knowledge approaches a drug DUI case the same way that they have always approached an alcohol DUI for years. Our attorneys understand that there are several ways to approach a marijuana or Drug DUI that may prove successful if understood by the attorneys and court.

Inadequate Field Sobriety Tests (SFST’s)

            Police receive training on how to administer what are called “standard field sobriety tests” when they attend their training academy prior to certification. These tests include the walk and turn test, the one leg stand test, and the horizontal gaze nystagmus (HGN) Test.

            These tests were developed by the National Highway Traffic Safety Administration (NHTSA) back in the late1970’s to determine whether drivers were under the influence of alcohol. Importantly, they have never been validated for determining whether a driver is impaired under the influence of marijuana or drugs.

            To the contrary, a 2023 study in California conducted by the National Institutes of Health, resulted in the following findings:

Findings

In this randomized clinical trial of 184 cannabis users randomized to THC or placebo, law enforcement officers classified 81.0% and 49.2%, respectively, as FST impaired, and officers suspected that 99.2% of FST-impaired participants received THC. Driving simulator performance was associated with select FSTs.

          This means that in these tests, almost 50% of the time, law enforcement couldn’t tell whether a person who had taken a placebo (a sugar pill, etc) was impaired or not. Flipping a coin would have had the same level of accuracy as the field sobriety test. For 20% of the users who took marijuana in the experiment, the police misidentified them as not impaired. These are not acceptable or reliable testing results.

          Nevertheless, most police officers in South Dakota insist on doing marijuana DUI’s the way they have done alcohol DUI’s for the last 50 years. Many attorneys will not recognize the deficiency in this testing.

            Of course this fact applies doubly to other drugs such as cocaine, methamphetamine, or prescription drugs, where there is no field sobriety testing that has ever been validated. Challenging the validity of these tests, in many cases, could result in a court finding a lack of probable cause and dismissing your case.

Failure to inquire about a medical marijuana card

            Medical marijuana is legal to possess and to use in the State of South Dakota since 2020. As part of a DUI or other arrest, police may try to search a vehicle where other drugs are discovered.

            The law in South Dakota is not yet established in this topic, but other states, including Minnesota have held that failure of an officer to inquire about whether someone in a car had a medical marijuana card means that the smell of marijuana alone is not enough to search the vehicle. See State v Torgerson.

“The Supreme Court affirmed, holding that evidence of medium-strength odor of marijuana, on its own, is insufficient to establish a fair probability that the search would yield evidence of criminally-illegal conduct or drug-related contraband”

Many SD criminal defense attorneys are failing to raise this issue in challenging a search. It is critical that your attorney understand this issue or you can lose critical rights that could result in your case being dismissed.

Offenses Related to Drug DUI

As a law firm profoundly experienced in representing DUI defendants, we comprehend the intricate landscape of drug Driving Under the Influence (DUI) laws. Upon being charged with a drug DUI, it’s plausible that the defendants may also be confronted with auxiliary allegations such as drug possession or drug paraphernalia along with it. Drug possession, in simple terms, references the unlawful procurement and control of illegal substances, which could include narcotics like heroin, cocaine, methamphetamine, etc. The term drug paraphernalia encompasses items used to prepare, consume, or conceal these illegal substances.

Let’s delve into when such charges may follow a drug DUI charge. In a hypothetical scenario, if an individual was stopped due to erratic driving and found to be under the influence of illicit drugs, they’d likely be charged with a drug DUI. Now, if during the arrest, the law enforcement officers found illegal substances within their vehicle, an additional accusation of drug possession may occur. Similarly, if items related to drug usage such as hypodermic needles or a marijuana grinder were discovered, a citation for possession of drug paraphernalia could also be filed.

We want to make it clear to you, as a DUI defendant, that our law firm is here to support you throughout the entire legal process. We have a deep understanding of the complicated facets of drug DUI laws and are dedicated to providing you robust legal representation.

Let Us Help You Fight Your Charges.

At Southern Hills Law Firm, navigating the daunting complexities of a Drug DUI charge is not a battle you have to undertake on your own. Our committed team of seasoned legal professionals is here to provide you with strong legal representation, exploring every facet of your case with meticulous attention. With a profound understanding of the complexities of South Dakota Drug DUI law and the potential accompanying charges, we endeavor to advocate for you, safeguarding your rights and crafting a robust legal strategy aimed at achieving the most favorable outcome. We also understand the importance of open communication and ensuring that our clients fully comprehend their legal situation. We approach this communication in layman’s terms, taking you through every stage of the legal process, working tirelessly to alleviate the stress and uncertainty that comes with facing criminal charges. Southern Hills Law Firm offers a free consultation to discuss your case, ensuring you start your legal journey equipped with the necessary insights and guidance.