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How Do I Fight a Charge for a Prescription Drug DUI?

Posted by Brett Willis | Oct 31, 2024 | 0 Comments

Being charged with a DUI due to prescribed medication is a bewildering and distressing experience. You rely on your medication to maintain your health, yet it has now become the focal point of a serious legal battle. Understanding how to fight a charge for a prescription drug DUI is essential to protect your rights and ensure a fair outcome in court.

What Is a Prescription Drug DUI?

A prescription drug DUI occurs when a person is charged with driving under the influence of medication legally prescribed to them. Unlike alcohol-related DUIs, these cases involve proving that the medication impaired the individual's ability to drive safely.

Legal Standards for Prescription Drug DUI

In a typical DUI case, the prosecution needs to show that the driver's blood alcohol content (BAC) was above the legal limit. However, in prescription drug DUI cases, the government must demonstrate that the driver was "rendered incapable of driving safely" due to the medication. This requirement adds a layer of complexity, as the term "incapable of driving safely" is somewhat subjective.

Strategies to Fight a Charge for a Prescription Drug DUI

Challenge the Evidence

One of the most effective ways to fight a charge for a prescription drug DUI is by challenging the evidence. This can involve questioning the reliability of field sobriety tests, the accuracy of drug testing methods, or the officer's observations and conclusions.

Field Sobriety Tests

These tests are designed to detect impairment but may not be accurate for individuals on prescription medication. Factors such as fatigue, medical conditions, or anxiety can affect performance, leading to false conclusions.

Drug Testing Methods

The tests used to detect drugs in a person's system can be flawed. For instance, certain medications may not show up on standard tests, or the results can be misinterpreted.

Officer's Observations

An officer's assessment of impairment is subjective. By highlighting inconsistencies or errors in the officer's report, you can undermine the prosecution's case.

Medical Testimony

Obtaining testimony from your prescribing doctor or a medical expert can be pivotal. They can explain how the medication affects you, emphasizing that it does not impair your driving ability. This testimony can counter the prosecution's claim that the medication renders you incapable of driving safely.

Legal Defenses for Prescription Drug DUI

Proving Prescription Compliance

Another key defense is showing that you were taking the medication as prescribed. If you can prove compliance with your prescription and demonstrate that the dosage was within therapeutic levels, it may strengthen your case. This can involve providing pharmacy records, doctor's notes, or other documentation.

Exploring Plea Bargains

In some cases, exploring a plea bargain might be the best course of action. This could involve negotiating with the prosecution to reduce the charges or seek alternative penalties, such as attending a drug education program or community service.

The Importance of Legal Representation

Expertise Matters

Hiring an experienced DUI attorney is crucial when facing a charge for a prescription drug DUI. An attorney who specializes in DUI cases will have the knowledge and skills necessary to navigate the complexities of these cases. They can develop a strategic defense, challenge the prosecution's evidence, and represent you effectively in court.

Personalized Defense Strategy

An attorney can also provide a personalized defense strategy tailored to the specifics of your case. This approach ensures that every detail, from your medical history to the circumstances of the traffic stop, is considered in building your defense.

Conclusion

Fighting a charge for a prescription drug DUI requires a comprehensive understanding of the law, a strategic defense, and often, the support of medical and legal experts. By challenging the evidence, leveraging medical testimony, and exploring legal defenses, you can effectively counter the charges against you. Remember, it's essential to seek experienced legal representation to navigate this challenging process and protect your rights. Contact Brett Willis Law today to speak with our legal team.

About the Author

Brett Willis

When the government has charged you with a crime, Brett Willis is the man to see. Brett has been winning the most difficult and serious cases since 2005.

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