DUI for Prescription Drugs Defense Lawyers
Driving Under the Influence of Prescription Drugs: What You Need to Know
Getting pulled over for a DUI is scary enough, but it gets even more complicated when prescription meds are involved. I mean, you took the drugs because your doctor told you to, right? So how can you get in trouble for doing what your doctor said?
It’s a frustrating situation for sure. The good news is, there are ways to fight a prescription drug DUI charge. Defense lawyers have experience dealing with these types of cases. They know the ins and outs of DUI law and can help protect your rights.
In this article, we’ll break down the basics of prescription drug DUIs. You’ll learn about the laws, penalties, and possible defenses. We’ll also give tips on finding a good prescription drug DUI lawyer.
The Laws on Prescription Drug DUIs
Every state has its own DUI laws, but they’re all pretty similar when it comes to medication. Basically, it’s illegal to drive if your ability is impaired by any substance, including prescription drugs.
Some states have “zero tolerance” laws for certain drugs. For example, Nevada lists specific medications like Ambien and prohibits driving with any amount in your system. Other states just prohibit driving while “under the influence.”
The main issue is impairment – if the drug affects your driving ability, you can get a DUI. This applies even if it’s a medication prescribed by your doctor. The prescription itself usually won’t get you off the hook.
Common Prescription Drugs Linked to DUI
There are many types of prescription meds that can lead to DUI charges. Some of the major ones include:
– Opioid painkillers like OxyContin, Vicodin, codeine – these can cause drowsiness and slow reaction times.
– Anti-anxiety drugs like Xanax, Valium, Klonopin – these act as depressants and can impair coordination.
– Sleep aids like Ambien, Lunesta – these sedatives knock you out, making driving unsafe.
– ADHD stimulants like Adderall, Ritalin – in some cases these can make people drive erratically.
– Antidepressants like Zoloft, Prozac – potential side effects include dizziness and drowsiness.
Keep in mind that interactions between medications can also increase impairment. Combining drugs like opioids with benzodiazepines is especially risky.
It’s also important to note that impairment can happen even when taking medications as prescribed. Your body can build up a tolerance to the sedative effects over time. But if you just started a prescription or changed dosages, your driving ability could still be compromised.
Penalties for Prescription Drug DUIs
A prescription drug DUI typically carries the same basic penalties as alcohol DUIs:
– Jail time – sentences range from a few days to several months depending on severity and prior offenses.
– Fines – these can be as high as $1000 or more just for a first offense.
– License suspension – for a first DUI you can lose your license for anywhere from 30 days to 1 year.
– Ignition interlock – you may be required to install a breathalyzer device in your vehicle.
– Probation – terms often include DUI classes and substance abuse treatment.
– Increased insurance rates – a DUI conviction can raise your premiums for several years.
On top of the criminal penalties, a prescription drug DUI goes on your permanent record. It can damage your reputation and job prospects if your career involves driving or public trust. These long-term consequences make it critical to fight the charges with an experienced lawyer.
Defending Against Prescription Drug DUI Charges
The first step is understanding that a prescription isn’t a get out of jail free card. You can’t just show the Rx bottle and expect the charges to disappear. The key is proving that you weren’t actually impaired while driving.
Here are some possible defenses lawyers may use:
– Questioning field sobriety tests – these rely on an officer’s subjective judgement, which can be challenged.
– Discrediting blood tests – blood draws must follow strict procedures and can produce false positives.
– Arguing for rising blood levels – it takes time for medications to impact the system. Your blood level may have been lower while actually driving.
– Demonstrating normal driving – if you weren’t swerving or driving recklessly, it’s hard to prove impairment.
– Challenging the traffic stop – any issues with the reason for the initial stop could get evidence thrown out.
– Claiming involuntary intoxication – you can argue the medication affected you in an unexpected way through no fault of your own.
An experienced DUI lawyer will thoroughly examine the details of your traffic stop, testing procedures, and medical history. They may be able to get charges reduced or dismissed by raising reasonable doubt about impairment.
Finding the Right Prescription Drug DUI Attorney
Don’t leave your defense in the hands of just any lawyer. Look for an attorney with specific experience handling prescription drug DUI cases. Ask potential hires:
– How many DUI cases have you handled, especially involving medication?
– Are you familiar with defending prescription drug DUIs? What defenses have you used successfully?
– Do you have relationships with toxicologists and other expert witnesses?
– Will you personally handle my case or pass it off to an associate?
– How quickly will you return calls and emails if I have questions?
– What are the total fees and what is included in those fees?
Take time to research lawyers’ credentials and client reviews. Be sure to choose someone you feel comfortable with. You’ll need to share personal medical information during your defense.
Having an advocate familiar with prescription drug DUIs can make all the difference. The laws are complex, and the penalties are severe. Don’t take chances by going it alone. Consult with a lawyer immediately if you’re facing charges. With the right legal strategy, you may be able to put this behind you and move on with your life.