Defenses to a Prescription Drug DUI Charge
A DUI charge can involve more than just alcohol or even illicit drugs. You could be pulled over and potentially charged if you were under the influence of a prescription drug as well. Is this fair? Can you defend yourself? Our local prescription drug DUI attorneys know what to look for and can represent you in court.
Why Should You Contact a Lawyer?
Defendants do not have the knowledge to explore every defense available to them. Only an experienced and educated criminal defense attorney can fight your charges on both the facts and the technicalities of the law, to use in your best interest.
You may may be able to argue that prosecutors cannot even take you to trial in the first place because there was an illegal stop or the investigation was done unlawfully. Rather than having you argue your case in front of a jury, an attorney may say the judge needs to throw it out because there was no right to stop you in the first place.
Necessary Information to Prepare a Defense
We will need a copy of the prescription you take. It is important for us to have an open and honest conversation with our client about the last time you consumed that drug. We need to know the underlying reason for which you were prescribed that drug, because sometimes the underlying reason could have contributed to why the officers thought you looked impaired.
It is also important to know whether you had any drugs on you that were confiscated by the police, or if you took the drug before getting in the car.
You also need to be honest with us about whether you took anything else in combination with it, including whether you were supposed to eat after taking this medication but failed to do so. All of that information is vital for us to know because it could change the defense that we put forth.
Providing Prescription Medication and Medical History
Knowing that you were on a prescription for the medication tends to skew how the State views you overall as a defendant. As a defense attorney, we would much rather argue that you were not out partying with friends and taking drugs, and that in fact you were prescribed the medication. That also helps us convince the State that it may have been present in your system because you have been taking it consistently as prescribed by a doctor.
It is a known fact that if someone is a chronic user of any drugs, whether prescription or illegal, that using it multiple times per day, every day, makes it stay in your system longer. That can be valuable evidence for your defense.
Call Us If You Need a Defense to Your Prescription Drug DUI
There are many people who take a prescribed drug who should not be charged with a DUI. Thankfully, there are many defenses to these cases, and we want to help, call The Umansky Law Firm and speak with our exceptional DUI attorneys as soon as you can.
