Frequently Asked Questions About Drug-Related Charges

When you’re facing drug charges, you need to make educated choices about how to proceed. Below you will find answers to common questions we hear at the Bellwoar Kelly, LLP. However, please contact us to discuss your specific situation. We offer free initial consultations at our offices in West Chester and Pottstown, Pennsylvania.

What Are Drug Conspiracy Charges?

Under state and federal law, you can be charged for planning to commit a drug trafficking crime , even if you didn’t fully carry out that plan. These charges carry significant consequences. Prosecutors often use them against anyone caught up in a drug sweep. Fortunately, there are ways to challenge these charges, and a lawyer can help you formulate the right strategy.

Can Police Charge Me With A DUI For Driving After Taking Prescription Medication Or Other Drugs?

Yes, you can still face DUI/DWI charges for driving under the influence of drugs. However, these cases involve different standards and considerations than alcohol-related DUI charges. Learn more about driving under the influence of prescription drugs or marijuana (substances that are frequently involved in these cases).

What Can Happen To My Commercial Driver’s License If I Get Convicted Of A Drug Crime?

If convicted of a drug charge, even in your personal vehicle, the commonwealth will take away your CDL for one year. A repeat conviction can lead to the loss of your CDL permanently. Enlist an attorney to help you mitigate or avoid these consequences.

What Grounds Do Police Need To Conduct A Drug Search?

Drug charges often arise from traffic stops and searches. To perform a traffic stop, police officers need justifiable grounds — in legal parlance, a “reasonable articulable suspicion” of criminal conduct, taking into account the totality of circumstances on a case-by-case basis. To search your car, however, they must meet a higher standard of probable cause. Likewise, to search your home, police must generally have a warrant.

Our lawyers can help you determine whether police violated your Fourth Amendment rights during a search or seizure.

Learn more about unlawful searches and seizures.

Are Breath And Blood Tests Accurate?

Although accuracy has improved, breathalyzers have a large margin of error and can produce inaccurate results if not properly administered. Blood tests are more accurate, but improper administration or storage can interfere with results. You should never assume that the prosecution has a watertight case against you simply because they have breath or blood test results. You may still have strong grounds for challenging the charges.

Have additional questions? Contact our firm to ask a lawyer.