The Sudden Increase In DUI Drugs Cases And How A Los Angeles Car Accident Lawyer Can Assist

An experienced Los Angeles car accident lawyer who has been in the law business for may years is starting to see a sudden increase in accidents involving motor vehicles with drivers who have taken drugs. Statistics show that there are around 31 million cars on the roads of California and when it comes to vehicle related accidents in the state, there were 3434 recorded fatalities in the year ending Dec 2010. According to the National Highway Traffic Safety Administration (NHTSA) figures show that rather surprisingly 39% of these were either alcohol or drug related. At present it's very hard to distinguish exactly what percentage is what. However it does prove that there is a growing problem with driving under the influence of drugs (DUID).

What exactly are classed as 'drugs'?

It is fair to say that most people would rightly assume that the term drugs' would refer to anything from cannabis or amphetamines, through to heroin or cocaine, and they would be right. However on top of this comes a whole 'boat load' of prescription drugs that can also affect the way the people drive. The strong pain reliever Vicodin for example is perfectly legal, but it contains hydrocodone that can make the user feel extremely drowsy. Diphenhydramine is another drug that can cause a woozy feeling and this is found in the common or garden packet of Tylenol. Clearly if you are simply taking a one or two pills because you have a headache after a stressful day at work, then it isn't really going to affect you. However if you are taking Tylenol in large doses for any specific medical reason then it is fair to say that you should really think twice before getting into the driving seat of a motor vehicle.

How is DUID defined? A LA car accident attorney explains...

Throughout the USA DUID is interpreted in a different way. For example in some states, it could be that a driver is stopped as part of a routine check and although he seemed to be driving coherently and safely, traces of drugs may be found. This is illegal in some states and is classed as driving under the influence of drugs. However in other states (including California) a person has to be seen to be driving a vehicle either erratically, very slowly, over cautiously or with no attention being paid to traffic signals or signs.

No Limits

The main difference between DUI and DUID is that with alcohol, there happens to be a defined line of 0.08 alcohol concentration contained within the bloodstream. Anything over this and you are breaking the law, anything under this and you may be let off with a caution. This can be quickly and easily checked by using a roadside breath testing kit. However when it comes to road side drugs testing, there is no piece of apparatus that can give a definitive 'yes' or 'no' answer. For this specific reason, prosecution lawyers tend to rely heavily on the witness statements from the arresting police officer in question. On top of this, drug traces will not show up under normal 'breath test' scenarios. Instead blood and urine samples have to be taken. This can prove difficult, when faced with a person who is simply not willing to co-operate. If you have been accused of a DUID accident and strongly believe you have not taken any drugs, then you should contact a team of car accident lawyers Los Angeles, who can help.

So what happens in the event of an accident in California when an investigating officer suspects drugs?

This can be quite a long and drawn out process, but the first thing that needs to be done, should a policeman suspect drugs, is that they then need to call upon the services of the California Drug Recognition Expert (DRE). They have been trained specifically to recognise the signs and symptoms of drugs. They are then obliged to carry out any number of tests including field sobriety tests, examining the person for any tell tale signs of injection marks and asking for blood and urine samples.

In many instances there isn't a drug recognition expert available or simply isn't part of the law enforcement team. In this case a team of LA Car accident attorneys who are experienced in dealing with such situations will be able to call upon their own independent experts who are able to assist.

The right Los Angeles car accident lawyer can help to put together your initial claim and take it all the way to a court of law if needs be. At the same time they will be prepared to fight your corner in order to deliver the full and fair compensation that you deserve.