I don’t even drink, I could never be arrested for DUI.
This is a story I have seen time and time again. Good people who have never been in trouble in their lives hauled off to jail and charged with DUI, not having consumed a drop of alcohol. In Georgia, you can be arrested for driving under the influence after taking prescription medications.
But they are my prescriptions…
Even if you take your medications just as your doctor has prescribed, a police officer can still stop you and investigate you for DUI. He may inquire what prescriptions you are taking, ask you to perform a variety of field sobriety tests, and even request you to submit to a blood test in order to make a case against you.
So what does DUI Drugs – Less Safe mean?
Taking prescription medications and driving is not illegal. It only becomes illegal when a medication impacts your ability to drive safely.
Whether someone is under the influence of a prescription medication and that medication has made him an unsafe driver is the ultimate question that the officer has to decide. Often, cops make the wrong decision. If they are unsure, the officer will make the arrest and let the courts sort it out later.
How can the State make a case against me?
At trial, the officer will testify that, in his opinion, you were impaired by your medication and were a less safe driver. In these types of cases, his opinion will likely be based on observations of your driving or the fact that you may have had an accident.
The prosecution will also present the results of your field sobriety tests, blood test, and any statements you made to the officers about what, when, and how much medication you took. Questions by the officer, field sobriety tests, and blood tests are all designed to help the State build a case against you.
How can I win my DUI – Drugs case?
DUI – prescription drugs is one of the most complicated types of DUIs. You need your lawyer to take a look at the results of your blood test to see how much of the medication was in your body and whether it falls within what’s called the “therapeutic range.” To fight your case, you want a knowledgeable, thorough, and aggressive attorney to examine your individual circumstance.
If you are charged with a DUI because of prescription medication, contact me today so I can begin working on your case.