DUI offenses, to most people, bring to mind only alcohol, and when most people think about driving under the influence (DUI), they ONLY consider alcohol as THE contributing factor. The fact is that many people charged with a Palm Beach DUI are really being charged with a controlled substance DUI. While alcohol is the mainstay of most DUI arrests, that is generally because of its relative ease in proving to a court. But controlled substance charges are both murky and relatively uncharted, thus present a challenge for prosecutors. A good Palm Beach DUI attorney can work for your acquittal on these charges, using the inherent difficulties in providing controlled substance DUI to your advantage. More simply put- we use your enemy’s weight against him.

Difficulty proving a controlled substance DUI?

Palm Beach DUI attorneys have consistently and successfully argued that without the presence of alcohol, the state has a much more difficult time making a credible case for driving under the influence. This is because it is very difficult for them to prove that the drug (whatever drug you are charged with being under the influence of) actually caused the or any impairment. While the legal alcohol limit provides an easy-to-use measuring system or matrix for DUI enforcement, drug DUI arrests are generally much more subjective as opposed to the more “objective” alcohol DUI cases..

Because of this, a Palm Beach DUI lawyer can argue that a wide range of different causes were at play combining to form the root of the impairment. This could and may include sickness, mental health problems, drowsiness, depression and any number of other natural and commonplace causes. The idea in criminal court is to create a crucial element of reasonable doubt in the minds of the jury members, and these cases usually provide ready defenses toward that goal. The skilled, competent, and seasoned professionals at Palm Beach DUI lawyers (Musca Law) are familiar with the various intricacies of controlled substance law and they know which defenses work best for each unique scenario.

How can MuscaLaw help?

Probably the most important roles a Palm Beach DUI lawyer will play is the focusing of the working toward the exclusion of certain pieces of evidence. Whether talking about a test, a urine test or a blood test, there are proven methods available and used by skilled lawyers to have all kinds of evidence excluded from trial. Since there is often little more than those tests for the state to base its case on, the exclusion of the potential evidence from those tests is essential in your fight against the charges. A good Palm Beach DUI attorney will be able to argue the inadmissibility of all or certain pieces of evidence, based upon faulty testing methods and other grounds.

When controlled substance driving under the influence is the charge, good attorneys are an absolute necessity. The skilled professionals at Musca Law are experienced in this field and can help you fight in court. The prosecutors are well-equipped with money and time to spend trying your case against you, it would be most unwise to not bring your own highly-competent and well respected legal team with you throughout the entire process.

How to Avoid Appearing At The Arraignment, After your arrest under DUI charges, and after your release through bail, you will receive a Court Notice issuing you a summons to appear before the Court to plead guilty or not. This first hearing is called an arraignment. You are required to plead guilty, not guilty, or no contest. At this point, the State will not provide any information regarding any witness, Police report, video recordings, or medical reports relating to the case. If you appear on your own, you may be subjected to pressure from the Prosecutor Attorney.

In the absence of your Defense Counsel, the State Attorney will send all necessary documents to you, and prepare the case for future hearings. The Prosecutor will offer you a one-time deal for arraignment. Failure to accept the offer will result in more severe penalties in the future for the defendant. The defendant is deprived of investigating their own case and defense if they appear at the arraignment on their own. In these circumstances, the Court will try to settle the arraignment by applying pressure, so that they can reduce the burden of pending cases.

Those who are unfortunate to not have a Defense Counsel at the time of hearing their arraignment will have to withstand the pressure alone, unsupported of experienced legal techniques, and ultimately submit the case themselves. The only way to get out of the situation is to hire a West Palm DUI Lawyer to stand as your Defense Counsel. Your Attorney will then file a Notice of Appearance, and a written plea of not guilty. This avoids having to appear for the arraignment, and protects you from the pressure of the Prosecuting Attorney. The only way to avoid arraignment without knowing the State’s evidence against you is to hire a West Palm DUI Lawyer. The Defense Attorney will take all necessary steps to ensure that the defendant is not required to attend the first arraignment.