Alpharetta Prescription Drug DUI Lawyer

People can be charged with a DUI anytime they take a prescription drug that impairs their ability to operate a motor vehicle. A prescription drug DUI offense is just as serious as an alcohol-related DUI and includes similar penalties.

If you have been charged with a prescription drug DUI, you may want to obtain an experienced drug DUI attorney. A dedicated Alpharetta prescription drug DUI lawyer could fight for you and help you understand your legal options. Call today and set up a consultation.

Common Prescription Drugs Linked to DUIs

Some examples of prescription drugs that are commonly linked to prescription drug DUIs are antidepressants, anti-anxiety medications, opioids, and other pain medications. Some of these prescription drugs may could drowsiness, which should be indicated on the bottle. It is important for people to understand how these prescription drugs may impact their ability to drive a vehicle.

Proving Prescription Drug DUI Charges

The burden of proof is on the state to prove that the person was impaired to the extent that they were incapable of driving safely as a result of taking the prescription medication. The case does not change depending on whether the person was aware that they could become impaired or if they were experiencing unexpected side effects. It is the driver’s responsibility if they are going to take prescribed medication to assure that the medication does not impair their ability to drive.

To prove a prescription drug was in the defendant’s system, the state may use a toxicologist. The toxicologist is the crime lab tester that analyzes the blood sample to determine which drugs are in the person’s blood. Also, the toxicologist does quantitative analysis of the level drugs in the person system and they will look to see if the level of the drug in the person system is at a therapeutic level. If it is above a therapeutic level, then a person can expect to be accused of abusing the prescription medication for the purposes of becoming impaired.

Prescription Drug DUI Penalties

The penalties associated with a prescription drug DUI charge is the same as an alcohol-related DUI except there is no limited permit if the person’s driver’s license is suspended for a DUI prescription drug case. An individual charged with a prescription drug DUI can expect to face significant fines, possible jail time, license suspension, and probation.

Aggravated Penalties

Prescription drug DUI charges can be aggravated if someone does not have a prescription for the drug. It is a crime in and of itself regardless of whether they drive to take prescription drugs without a prescription. A person can be charged with possession of a Schedule I substance if they are taking or possessing any prescription medication without a prescription for that medication for that person.

Building a Defense

In order to analyze the case and prepare a defense for the defendant, it is necessary for an Alpharetta prescription drug DUI lawyer in to collect information such as what prescriptions the individual is taking, how long they have been taking the medications, and for what purpose. Often, if it is a new medication, it is likely to have more of an impairing effect than a person who has been taking medication for a long time. A skilled lawyer will gather all relevant information to the case to help fight the allegations of a DUI.

Contact an Alpharetta Prescription Drug DUI Attorney

A person should contact an Alpharetta prescription drug DUI lawyer even if they think that they can fight the charges on their own. The necessary experience to challenge whether the person is impaired, and perhaps more importantly, to challenge the admissibility of any blood tests that would show the presence of prescription drugs cannot be done without an experienced DUI lawyer. If you are facing charges, call today and set up a consultation with an accomplished prescription drug DUI lawyer in Alpharetta.


Hawkins Spizman

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