The courts are divided as to whether a charge of driving while under the influence of drugs can be based on the use of a medically required prescription drug. A few courts have reversed DUI Prescription Drugs convictions based solely on the defendant’s use of a medically required prescription drug, at least when it was shown that the defendant was unaware of the effects of the drug. Other courts have held that the fact that the use of a prescription drug is medically required is not a defense to a charge of driving while under the influence of drugs – under any circumstances. Several states have enacted statutes providing that the lawful or prescribed use of a drug is not a defense to a charge of DUI-Drugs.
Even if there is evidence of the ingestion of prescription drugs, if you are charged with driving while under the influence of drugs, state law usually requires evidence that your driving ability was impaired by the ingestion of prescription drugs – for a DUI conviction to be sustained. Only a veteran DUI attorney who is well-versed in local DUI drugs law can mount a solid defense in these complicated cases.
Controlled Substance Prescription Medications
The most overlooked DUI prescription drugs cases are those involving “controlled substances” (prescription drugs and other chemicals and plants that are legally obtained, BUT are criminally regulated by the government when used without a prescription. If you stand charged with driving while under the influence of a controlled substance, evidence must exist of either consumption of the substance by you, or the presence of the substance in your body.
Evidence that you were physically impaired, and that pills and prescription bottles containing a controlled substance were in your vehicle, is not sufficient to support a DUI Drugs conviction.
Taking Other People’s Prescribed Medications
The number of people in America who take another person’s medication is growing each year. Such drug usage is illegal in all states. The police will seize prescription painkillers or anti-anxiety medications that are not in a proper container, or that are prescribed to someone else.
Many people who take another person’s prescription drugs also consume alcohol at the same time. Prescription drug abuse is on a steady rise in the United States, and professional drug abuse help is available if you need it.
Call and talk to a highly-rated local DUI attorney right now about how we can help you with pending DUI prescription drugs charges. Call 844-832-6384 day or night. An arrest is not a conviction™!