A prescription drug is any drug that has been legally prescribed by a licensed medical provider. Although the drug may be been prescribed legally, it is still illegal for individuals to operate a vehicle while under the influence of a prescription drug. Common prescription drugs that are typically seen in prescription drug DUI cases include painkillers, Xanax, and other mood-altering substances.
Just like an alcohol-related DUI, the penalties for driving under the influence of a prescription drug are severe. Therefore, it is critical for anyone facing charges to reach out to an Alexandria prescription drug DUI lawyer as soon as possible. A seasoned DUI attorney is experienced in handling these types of cases and knows how to negotiate directly with the prosecutors.
In order for someone to be charged with a prescription drug DUI, law enforcement has to have probable cause that the accused was operating a motor vehicle while impaired. Probable cause could include the driver acting suspiciously, slurring their speech, and showing any evidence of drug use. After someone has been charged with a DUI, the prosecution must then prove the accusations. To do this, the prosecution must prove beyond a reasonable doubt that the accused was operating a motor vehicle and that they were impaired due to the use of a prescription drug.
If someone is experiencing unexpected side effects from a prescription drug, it is possible that it could be used as a defense to a DUI charge. However, if there is a warning label or the doctors say not to operate a motor vehicle while taking the drugs, then it could be sufficient for a conviction.
If an individual relies on medication to function, then it is possible that they could be held to a different standard than other drivers who are suffering impairment from prescription drugs. Still, this is not always a viable defense for people charged with driving while impaired.
In a prescription drug DUI case, it is important to provide all prescription and medical information to the Alexandria prescription drug DUI lawyer. An attorney could see if there are any surprising side effects through the combination of the different drugs that the individual is taking.
The penalties for prescription drug DUI charges include up to 12 months in jail, fines, and a driver’s license suspension. Depending on the driver’s previous record (if there are prior DUI convictions), then they could be facing a felony which carries up to five years in prison. The penalties for these charges are significant, which is why defendants should obtain the services of an Alexandria prescription drug DUI attorney.
In drug DUI cases, a drug recognition expert may be brought in as an expert witness. The role of the drug recognition expert in prescription DUI charges is going to provide expert testimony regarding:
If you have been charged with a prescription drug DUI, call a skilled criminal defense attorney today. An Alexandria prescription drug DUI lawyer could fight for you and advocate on your behalf throughout the case. Attorneys have experience defending individuals in these types of cases. Schedule a consultation and get started on your defense.