Discover the way to fight a charge for a prescription drug DUI

Discover the way to fight a charge for a prescription drug DUI

If you have been convicted of a DUI in California and need legal assistance, call us today at (619) 746-8879

Since you currently live in the territory of the United States of America and you should perfectly know the legal statutes with which you could have some inconvenience, including learning how to fight against a charge for a prescription drug DUI. 

In addition, in case you consume prescription drugs that could affect your driving, it is indispensable that you know each of the parameters related to this law. 

For this reason, we invite you to read the entirety of this post, in which we will indicate each of the parameters that will allow you to learn how to fight against a charge for a prescription drug DUI.

What are DUI laws about?

Understanding these laws gives you fundamental strategies to fight a charge for a prescription drug DUI. 

First, “Driving Under the Influence,” better known as “DUI,” refers to the laws and regulations prohibiting drivers from operating their automobiles under the influence of certain substances.

Generally, the components usually covered by these laws are alcohol, drugs, chemical constituents, over-the-counter drugs, and even prescription drugs.

Does breaking these laws represent a felony?

Nonetheless, while you may not think this is such a serious offense, you should know that being convicted of a DUI can carry a prison sentence of up to seven years, depending on the conditions under which you drive.

For example, if you drink prescription painkillers that affect your ability to react to any unexpected situation, and you unintentionally cause a traffic accident, you may be in serious trouble with the law.

This is why you should be thoroughly familiar with each step you must take when fighting DUI charges for prescription drugs or any crime related to these laws.

What are DUI laws for legal and prescription drug use?

In other matters, a branch of the law mentioned in the previous title focuses mainly on the application of sanctions to drivers under the influence of prescription drugs.

Above all, for those medical substances that have a considerable influence on the functioning of the individual’s organism, which may affect their driving considerably.

It could lead you to experience scenarios similar to the example presented in the previous lines, which can be further complicated if there are injuries or deaths in the event.

However, it would help if you kept in mind the fact that this law has two variants, which are the following:

The laws per se

Are you part of the people who use medical marijuana to treat diseases such as cancer, lateral sclerosis, seizures, or glaucoma? Then it would be best to watch out for this branch of the law.

This variant mostly does not apply to prescription drugs since it focuses on the components of illegal drugs and the percentage of alcohol present in an individual’s blood.

Although, in states where marijuana use is fully legalized (like California, Washington, and Nevada), DUI per se laws are enforced to prevent citizens from driving with high levels of THC in their system.

Then, in general, it tends to affect the driver’s concentration and cause a deterioration in vehicle-handling skills. Therefore, you should be very careful with these regulations.

DUI for impairment

Last but not least, we have DUI charges for impairment, which relate to a prescription drug’s influence on an individual’s behavior or ability to drive.

What components does this law focus on? Firstly, it is significantly related to analgesics, morphine, antidepressants, and others, which, when consumed, alter the normal functions of the organism.

To be penalized for this type of DUI charge, the substance ingested must impair the person’s ability to safely operate the vehicle, which can endanger their life and the lives of other drivers.

On the other hand, there are some states, such as New York and Colorado, where even possessing a minimal concentration of some drugs could result in DUI charges for impairment. 

What are the circumstances under which you could be penalized for a prescription drug DUI?

Apart from this, once you know the above information, you need to remember that consuming prescription drugs or pharmaceuticals is not enough to obtain a DUI for impairment.

Driving under the strong influence of these drugs, to the extent that they can considerably affect your driving efficiency, can lead to charges under the law.

However, the following are circumstances that could lead to DUI charges for prescription drugs:

• Your driving reflexes are noticeably affected, and you need the proper vehicle timing.
• You exceed the speed allowed in the area and must adequately perform the vehicle’s functions.
• You seem somewhat lost and unstable.

These are the most frequent situations where your car could be stopped and precede DUI charges for impairment. 

Therefore, if you consume any of the above substances before driving and find yourself in any of these situations, you will most likely get a DUI charge. It is vital to learn how to defend yourself against them.

Are all charges the same for these situations?

When it comes to a fight for a charge for a prescription drug DUI, it is relevant to take this factor into account to know what steps to take to win the case.

And each of these cases is evaluated in different ways and represents various risk factors because the drugs have other effects on the organism.

Some can even affect concentration, motor skills, alertness, and even your reasoning ability, which is even worse than being arrested under the influence of alcohol in the eyes of the law.

Therefore, you need to assess whether your situation has endangered your life or the lives of others; only then will you know the degree to which you should fight a charge for a prescription drug DUI.

Secondly, the level of influence or concentration of substances in your blood and organism is also very relevant in obtaining the charges and fighting them.

What to do if you are charged with DUI of prescription drugs in the United States?

Firstly, if you are arrested or detained on prescription drug DUI charges, you should contact a DUI attorney to help you through the process.

Since in these cases, many factors must be considered to allow you to defend yourself correctly and avoid obtaining severe sentences or fines.

Everything from the circumstances under which you were stopped to the results of the drunk and chemical test is valid to discredit the accusations made by the arresting officer.

But you cannot do this alone; you should contact a DUI law specialist (a criminal defense attorney) to be your primary support.

What factors should be considered when defending against a DUI ticket or charge for prescription drugs?

However, when defending yourself or fighting a charge for a prescription drug DUI, there are several things that you and your attorney must consider to be successful in the process, such as:

Determine your strengths

The first thing to remember when defending yourself against prescription drug DUI charges is the points you have in your favor.

These may be the fact that you exceeded the speed limit in the area only slightly, that there was no one else with you in the vehicle, and the level of transparency you had while driving.

Another vital element in this process is the result of the sobriety test performed by the police officer when they stopped you on the road, as well as the evaluation of chemicals in your system.

You must determine if your body had a high percentage of chemicals or if it was only a moderate amount because all these factors can be decisive during negotiation.

The substances contained in the prescription drugs

Mainly, police officers or DUI laws focus primarily on certain substances in some medications, which could lead to disorders in the individual’s behavior.

That’s why you should ensure that the drugs you use or your doctor prescribes do not have a high concentration, which will help you during the time of defense.

To do this, you can go to a laboratory or contact your family doctor so that they can tell you each of the elements that the drug has and the actual effects that it causes on your behavior.

Another way to evaluate its components is to look for the chemical composition of each ingredient on the drug packaging.

Be aware that the medication was affecting your driving

Sometimes we consume drugs without even realizing whether it affects how we perform certain activities.

Some often cause drowsiness, dizziness, difficulty concentrating, lack of coordination, and more. These are mainly caused by components such as Vicodin, oxycodone, codeine, etc.

Therefore, you should analyze if you had any of these symptoms before driving the vehicle and when the police officer stopped you.

Seek professional support

What we mentioned in the previous points is the primary evidence you must collect to fight a charge for a prescription drug DUI successfully.

You should contact an attorney or DUI law specialist to be your best ally.

Above all, if this is your first time in this type of situation, and you do not want this inconvenience to escalate, act as soon as possible.

What do courts take into account when passing sentences?

Similarly, other points to take into consideration are the factors that the courts or the prosecutor’s office take into account at the time of sentencing, among which are the following:

The existence of certain substances in your system

The first thing the police officers will do is take a blood test to determine if any substances in your system could affect your behavior and driving skills.

The type of substance you have consumed

The type of medicine you consumed will be a fundamental point during negotiation, especially if it has ingredients regulated in the territory where you are.

The validity of the medication

It is not enough to have a medical prescription to consume such a drug; it must be in force and issued by a certified specialist in the country.

If the prescription is too old or the treatment has already expired, the date indicated by the doctor will not be valid before the prosecutor’s office or a court of law.

The relevance for your health

Last but not least, if the medication you have consumed is of great importance for your health or the treatment of a disease, this may help to reduce the charges.

But if it is no longer of immediate relevance to your well-being and fitness, it is a point that can be used against you.

You need an experienced DUI defense attorney!

To end this post, you should know that the best way to fight a charge for a prescription drug DUI is to contact an experienced DUI defense attorney who will allow you to leverage every factor in your favor.

Remember that it never hurts to have a professional in this type of situation, and we can help defend you against any prescription drug DUI charge in San Diego, California. Contact us!