Yes, it is. State law provides a means for a person to be convicted of DUI for alcohol if that person’s BAC (alcohol level) is >.08. However, there is no such statutory presumption for drugs. Thus, the State has to prove that person is under the influence of drugs and cannot lazily rely on statutory presumptions.
Most likely, the State will need an expert witness to testify as to the meaning of any drugs found in a person’s systems. Even with such a witness, a jury will ultimately decide whether a person is driving under the influence of drugs at a trial. Therefore, an experienced trial lawyer can greatly affect a case’s outcome.
Contact Jonathan Turner, Attorney, if you are in need of an experienced trial lawyer.