One of the most troubling types of DUI cases that are increasing is prescription drug DUI cases. As opposed to people who get arrested for having too much alcohol in their system or being under the influence of illegal drugs, those who get arrested for prescription drug DUI are usually just taking the drugs that they were legally prescribed by a doctor. Like other situations involving drug DUI, the officer will try to determine if you are being impaired by your drug use and if you are driving less safely. If he thinks you are, he will arrest you.
When it comes to prescription drug DUI, most people don’t know very much about it or how to contest the case against them. In addition, if a blood test reveals that the prescription drug was in their system, some people think that means that there is no way they win their case. This is could not be further from the truth. It is not illegal for you to take your legally prescribed drugs, and it is not illegal for you to drive afterwards. It is only illegal if the drugs impaired you and made you incapable of driving safely. That is what the police and the court must prove to convict you.
At Thomas, Webb, and Willis, we can help you defend yourself in a prescription drug DUI case. We have decades of DUI litigation experience, and we know how to protect your rights and help you avoid fines or penalties that are unfair and unwarranted.
The biggest and most important difference is that under the law there is a legal blood alcohol limit of .08 when you are driving. If you were at or above this limit while driving, then you can be found guilty of a DUI. When it comes to prescription drugs, there is no legal limit. The law only states that it is illegal if the drug use makes you a less safe driver. The court will have to prove this with other evidence.
The policeman who arrested you will point to the driving he observed, your behavior at the scene, and possibly your blood testing afterwards in order to argue that you were impaired. However, in some cases, this is not enough evidence to show that you were actually driving unsafely or that your driving was the result of your prescription drug. An experienced lawyer understands this and can help you build a strong legal defense.
It’s also very important to have an attorney who understands the different effects of prescription drugs and therapeutic drug levels. When your blood test comes back and shows evidence of drugs in your system, the amount of drugs may still be within the levels recommended by a doctor. With a medical witness, we can explain to a judge or jury that the levels in your system were perfectly reasonable and legal and were not enough to impair your driving. This may help you get your charges dropped completely or reduced.
As DUI attorneys, we find it distressing that the state of Georgia continues to charge more and more people with DUIs when they were simply taking their legally prescribed medications. If you were arrested for a prescription drug DUI, you should get in contact with an experienced attorney as soon as possible. Our associates at Thomas, Webb, and Willis, LLC have the expertise to help you defend yourself against all types of DUI charges. Dial 404-250-1113 today for a free consultation.