‘Drug DUI cases on the rise,’ says top DUI lawyer Brandan Davies

By Virginia Sagal

After being named “Best DUI Lawyer”, Brandan Davies weighs in on the rise in drug DUI cases, sharing more insights with the public.

There was a time when nearly all DUI cases were alcohol related.  Nearly every case involved an officer pulling someone over, sobriety tests, an arrest and a breath test failure.  Times are changing. Many of the DUI charges being handed down in the last twelve months have been Drug related DUI charges or combination drug/alcohol DUI charges.  “This is a growing trend,” says, DUI defense lawyer Brandan Davies.  “There is a dramatic shift in the number of Drug related DUI charges in the past year,  Officers are less reticent about issuing a DUI on suspected drug use than they used to be.” Davies added.

“I’m seeing more drug related DUI charges coming in than I have at any time in the last ten years,”  Davies said.  This influx isn’t just a regional anomaly it holds true with recent trends across the country.  What is unknown is why the influx of these new charges?  DUI defense lawyers and prosecutors suspect several possible causes for this dramatic spike in Drug DUI cases:

1. Increase in the use and availability of legal pharmaceuticals and the misunderstanding of the public that legal drugs can still be the origin of a DUI;
2. Lower numbers of alcohol DUI cases have forced law enforcement to charge marginal cases or shift focus on to harder to prove drug cases;
3. Legalization of marijuana has normalized the use and abuse of marijuana and caused an increase in drug related DUI charges;
4. Availability of training to officers on Drug use and indicator of Drug impairment have heightened awareness to enforcement level.

The ultimate cause of this increase in Drug related DUI charges is yet to be quantified and deciphered. However, DUI defense lawyers are prepared for the increased volume as well as attacking the suspect science behind these drug DUI cases.  “Drug DUI cases are the most vulnerable to attack and therefore the most scrutinized type of DUI charges,” said Davies.  “The training that officers receive before they start issuing drug related DUI cases is minimal and officers often get it wrong, very rarely have I encountered an officer that hasn’t confused the criteria for identifying specific types of drugs or made a major mistake in their investigation,” Davies added.

It’s important for a DUI defense lawyer to stay abreast of law enforcement training and his/her own training. Specialized training tailored to lawyers is available and accessible to defense lawyers that are willing to invest the time and resources.  “It’s important to attend classes that mirror the training that an officer receives as part of your DUI defense arsenal;  I’ve taken several classes and certifications including the National Highway and Traffic Safety Administration’s Standard Field Sobriety Training; receiving law enforcement training is vital to understanding their investigation,” said Davies.  “Lawyers that take the time to get inside the minds of officers that are giving out these Drug DUI charges are the lawyers that are successful in defending them,” said Davies.

Brandan Davies is a DUI defense lawyer and was named as the, “Best DUI Lawyer in Kansas City,” by Kansas City Magazine.  “It’s an honor to be recognized when you devote so much of your practice and life to a certain area of the law,” Davies claimed.  “Helping people that find themselves in an unknown and difficult situation is a challenging and rewarding part of my practice,” exclaimed Davies.  Brandan Davies is known for his commentary in local and national publications and has been recognized for his criminal defense practice as a Top 100 Trial Lawyer, a Superlawyer and is a Life-Member in the Kansas Criminal Defense Lawyers Association.

Suggested reading: Brandan Davies mentioned as premier DUI Attorney at AAPDA