Drug & Alcohol Cases: An In-Depth Look for Clients and Lawyers

Common Drug and Alcohol Charges

There are a wide variety of potential charges relating to drug and alcohol use. Some of the most common include:

• Possession – Having illegal drugs or certain amounts of legal prescription drugs on your person or property. Possession charges range from misdemeanors to felonies depending on the substance and quantity.
• Possession with Intent to Distribute – Possessing a large quantity of drugs with the suspected intent to sell or distribute them to others. This carries harsher penalties than simple possession.
• Manufacturing – Making or growing illegal drugs like methamphetamine or marijuana. Includes charges for operating grow houses or labs.
• Distribution/Trafficking – Selling or transporting drugs with the intent to distribute them. Among the most serious drug offenses.
• DUI/OWI – Operating a vehicle while impaired by alcohol, marijuana, or other intoxicating substances. Can be a misdemeanor or felony depending on circumstances.
• Public Intoxication – Being drunk or high in public spaces. A minor offense but can still carry fines or jail time.
• Underage Drinking – Consuming or possessing alcohol under the legal drinking age. May involve fake ID charges as well.
• Prescription Fraud – Using forged prescriptions to obtain controlled medications illegally.
• Drug Paraphernalia Possession – Having items used for the consumption or production of drugs like pipes, bongs, scales, etc.

The specific charges brought depend on the circumstances of the arrest or investigation. Many cases involve multiple related charges.

Key Defenses in Drug and Alcohol Cases

Skilled criminal defense attorneys have a variety of defenses available when representing clients in substance abuse cases. Some of the most common and effective include:

4th Amendment Violations

If the police lacked probable cause for a search or seizure, any evidence obtained may be excluded. For example, if officers performed an illegal vehicle search that turned up drugs, a 4th Amendment challenge could get the case dismissed.

Invalid Chemical Testing

The results of blood, breath, or urine tests for intoxication can often be challenged. If the tests were administered incorrectly or calibration was off, the results may be unreliable and inadmissible.

Entrapment

Undercover officers cannot induce someone to commit a crime they otherwise wouldn’t. A skilled lawyer can argue entrapment if police used coercion or other questionable tactics.

Chain of Custody Issues

Any gaps or irregularities in the handling of physical evidence may create doubt about its integrity. With no solid proof the drugs or paraphernalia seized are your client’s, the case falls apart.

Misidentification

Eyewitness misidentification is common, especially in cases involving undercover drug buys. Thorough investigation and questioning of witnesses can reveal mistakes.

Medical Marijuana Compliance

For marijuana charges, a valid medical marijuana prescription provides an absolute defense in many states. The prosecution must prove noncompliance with medical regulations.

Mental Health and Addiction

Underlying addictions or mental health issues may provide grounds for diversion programs or reduced charges in some cases.

Common Evidentiary Issues in Drug and Alcohol Cases

The admissibility and weight of evidence is critical in substance abuse prosecutions. Here are some key evidentiary considerations:

• Drug expert testimony on identification, distribution patterns, effects on users, etc. Must balance relevance vs. potential to bias jurors.
• Certifications of officers who conducted sobriety testing. Failure to follow protocols can undermine DUI evidence.
• Chain of custody documentation for all physical evidence. Any gaps could raise doubts about integrity.
• Calibration and maintenance records for breathalyzers and lab equipment used in testing. Outdated or improper calibration suggests unreliable results.
• Body camera footage from traffic stops and searches. Can help corroborate or contradict officer testimony.
• Prior drug/alcohol convictions. Generally admissible only in limited circumstances, so motions in limine are important.
• Expert toxicologists to challenge blood or urine testing procedures and interpretation of results.
• Pharmacy records for prescription drugs, medical marijuana, etc. Help establish valid legal access to controlled substances.
• Social media posts depicting drug/alcohol use. Mostly inadmissible, but still need to prevent prosecutorial abuse.

Sentencing Considerations in Drug and Alcohol Cases

Sentencing for drug and alcohol offenses varies widely based on the charges and jurisdictions. But some common factors judges consider include:

• Prior criminal history, especially any prior drug/alcohol offenses
• Possession quantity, generally more significant for distribution charges
• Involvement of minors, either as co-defendants or enhanced penalties if drugs were sold/distributed to minors
• Possession of firearms, which can enhance certain drug offense penalties
• Role in the offense, whether a kingpin organizer or low-level courier/user
• Addiction/mental health issues, which may support treatment programs over incarceration
• Remorse/acceptance of responsibility, viewed favorably by most judges
• Recidivism risk, defendant’s likelihood to reoffend based on history and profile
• Impact of incarceration on family, which some judges consider under “family ties” sentencing factor
• Cooperation with authorities, providing substantial assistance in other prosecutions may support reduced sentencing

Sentencing advocacy requires experienced criminal defense lawyers negotiating firmly but tactfully with prosecutors, while humanizing clients for judges and probation officers.

Common Types of Drug and Alcohol Diversion Programs

For appropriate first-time and nonviolent offenders, diversion programs provide alternatives to traditional sentencing. Prosecutors may offer these options during plea negotiations, or judges may order them as probation terms. Common programs include:

• Drug Court – Intensive court-supervised treatment program for high-risk/high-need offenders. Features ongoing judicially-monitored progress.
• Probation – Sentence is suspended in favor of supervised probation including conditions like treatment, testing, community service, etc.
• Pretrial Diversion – Charges dismissed following successful completion of probation-like program before trial.
• Deferred Adjudication – No formal conviction entered if court’s conditions are satisfied over a period of probation.
• Inpatient Treatment – Short-term residential program focused on detoxification and intensive counseling.
• Outpatient Treatment – Less intensive ongoing treatment while living at home. Useful for milder addictions.

The availability, requirements, and effectiveness of programs vary. Lawyers negotiate with prosecutors or petition the court for programs suiting individual client circumstances. For offenders with legitimate addictions, diversion often provides the best path to rehabilitation and reduced recidivism.

Finding the Right Lawyer for Your Case

Facing drug or alcohol charges is scary. The consequences can disrupt your education, employment, finances, family life, and reputation. The right lawyer makes all the difference. Look for attorneys with:

• Extensive criminal defense experience – Handling these cases day in and day out matters.
• Knowledge of local courts and prosecutors – Relationships and insights into local practices are invaluable.
• A track record of success – Don’t just take their word for it. Ask for case results and client reviews.
• Commitment to client communication – You need to stay updated and have input about your case.
• Compassion for clients – They should treat you like more than just a case file.
• Reasonable fees – The cost should suit your budget. Beware lawyers who nickel and dime you.

Don’t leave your fate to chance. The consequences are too great. Do your research and retain the best possible lawyer for your unique circumstances. With an experienced professional fighting for you, there are always options and hope no matter how challenging the case. You deserve strong counsel and robust advocacy in navigating this difficult process.