DeKalb County Prescription Drug DUI Lawyer

If someone is driving while under the influence of a prescription drug, they could be arrested and charged with a DUI just like an alcohol-related offense. Many people think that just because it is a prescription drug and they possess it legally, it means that they are not going to be prosecuted for a DUI. However, that is not the case.

Individuals facing prescription drug charges should contact an experienced DUI defense attorney right away. A DeKalb County prescription drug DUI lawyer could fight for you and help you build a strong defense.

Proving a Prescription Drug DUI Case

For a person to be convicted of a prescription drug DUI, the burden of proof is the same as any DUI. To be convicted of this offense, prosecutors must prove the defendant was in actual physical control of a moving vehicle while under the influence of a specific drug to the extent of that drug made them a less efficient of a driver. Prosecutors must show that the particular drug impaired the person and that the drug was in their system while driving.

The case does not change depending on whether the person was aware that they could become impaired or they were experiencing unexpected side effects. DUIs do not require a specific type of intent. Just because the defendant did not have the intent to drive after consuming a drug, it does not mean that the case will be dismissed. Voluntary intoxication or ignorance of the law are not defenses. Fortunately, a dedicated prescription drug DUI lawyer in DeKalb County could help build a strong defense to fight these charges.

Toxicologists in Prescription Drug DUI Cases

The role of the toxicologist in prescription drug DUI charges is to test a person’s blood to determine the levels of a particular substance. Sometimes those levels can be referred to as therapeutic levels, meaning that it is consistent with an individual who took that particular substance in accordance with what the doctor prescribed.

The toxicologist might have a person who is abusing the drugs and have higher than therapeutic levels. The responsibility of the toxicologist is to not only to test the blood but also to interpret the results because that is going to be crucial in the prosecution of the case. The toxicologist then will be called as the government witness to potentially testify in the trial.

Prescription Drug DUI Penalties

Prescription drug DUI cases carry the same penalties of an alcohol-related DUI charge. This means that the alleged offender could face significant fines, possible jail time, and other consequences. The only difference is that the defendant could face a six-month license suspension without the ability to drive.

Prescription drug DUI charges are aggravated if the individual does not have a prescription for the drugs. In this case, they could be charged with a felony because they violated the Georgia Controlled Substance Act.

Why is it Important to Provide all Prescription and Medical Information to a Defense Attorney?

When an individual is charged with a prescription drug DUI, it is essential that they provide all prescription and medical information to their attorney. The lawyer needs to know what substance or substances are in the person’s blood at the time of the arrest. They need to know what substances the defendant has a prescription for and which ones are illicit.

When building a strong defense, it is imperative for the defense attorney to understand all the facts of the case. Also, the prosecutor will treat a prescription DUI case different than a case in which the defendant did not have a prescription to the drug.

How a DeKalb County Prescription Drug DUI Attorney Could Help

Prescription drug DUI cases are taken seriously by prosecutors, which is why it is advisable for defendants to reach out to an attorney as soon as possible. Once retained, a DeKalb County prescription drug DUI lawyer could investigate the facts of the case and begin building a defense. If you are facing charges, do not hesitate and call today to set up your consultation.


Hawkins Spizman

logo (770) 258-6888

Hawkins Spizman Dunwoody 200 ASHFORD CENTER N. SUITE #350 DUNWOODY GA 30338