Can You be Charged With a DUI for Driving Under the Influence of Legal Prescription Medication?

Yes, you can get a DUI on prescription or over the counter drugs in every state of the country in 2024. However, there are certain legal defenses drivers should know that work to fight medicine related drug DUI (DUID) to get charges dismissed.

Here are some lawyer verified ways you can fight a DUI drug charge:

• Challenge blood tests: You can challenge the blood test by investigating the circumstances surrounding your arrest and scrutinizing the process of your arresting officer. If successful, you can get the evidence dismissed.
• Challenge field sobriety test results: A defense attorney can challenge the evidence regarding the validity of field sobriety tests.
• Challenge your arrest: You can raise constitutional challenges to your arrest, such as if there was no probable cause to stop you.
• Present evidence of alternative explanations: Your attorney may be able to present evidence to challenge the prosecution’s case if there are alternative explanations for your behavior or physical symptoms.
• Talk to a DUI attorney: A DUI lawyer can help you fight your charge by preparing you for court, challenging the prosecution, and having your charge dismissed.
• Misconduct by the police: If the police officers engaged in misconduct, your charges might still be dismissed. Police officers must follow proper procedures, write accurate reports, comply with the rules that govern investigations, and testify truthfully. 

Other ways to effectively fight against a DUI charge from driving on medication include:

• Refusing sobriety tests
• Challenging the drug testing procedure
• Presenting evidence of alternative explanations

Driving Under the Influence of Valid Prescription Drugs and How to Fight the DUI Drug Charges

You’re probably feeling scared and confused after a DUI arrest while taking prescribed medication. It’s normal! This situation is unique, and you have specific questions and concerns on the best possible defenses to fight the charges.

Let’s address them head-on, based on our over 25 years experience as DUI lawyer specialists:

1. Am I automatically off the hook with a valid prescription?

No, having a prescription doesn’t guarantee immunity. DUI laws target impaired driving, and medication can affect your ability to operate a vehicle safely. The key is proving you weren’t impaired.

2. What if I feel fine, but the officer thinks I’m under the influence?

Field sobriety tests aren’t foolproof, and medication can influence their results. Don’t rely solely on how you feel. Request alternative chemical tests to differentiate medication presence from impairment.

3. Will the judge understand my situation?

An experienced DUI lawyer can help! They understand the nuances of these cases and can present evidence like:

• Medical records: To show you took the medication as prescribed.
• Expert witness testimony: To explain potential medication side effects and their impact on driving.
• Challenging the stop’s validity: If the officer lacked reasonable suspicion.

4. What are my best valid defense options?

Depending on your case, your lawyer might explore:

• Lack of impairment: Demonstrating you weren’t under the influence and drove safely.
• Adverse drug reaction: Proving an unexpected reaction to the medication.
• Prescription adherence: Showing you followed your doctor’s instructions.
• Invalid stop: Challenging the legality of the traffic stop that led to the DUI investigation.

5. What can I do right now?

• Stay calm and don’t talk to the police without a lawyer.
• Gather any evidence: Prescription bottle, doctor’s notes, medical records.
• Contact an experienced DUI lawyer ASAP. They can advise you on your specific situation and guide you through the next steps.

Key Takeaways: You’re not alone in this. A skilled DUI lawyer can fight for your rights and explore all possible defense options. Don’t hesitate to reach out for help – it’s crucial for navigating this complex situation and achieving the best possible outcome.

Retaining an attorney who specializes in Driving Under the Influence and Driving While Intoxicated cases within the state the individual was arrested is usually the best way to fight DUI charges for legal prescription drugs.

Additionally, we provide a free arrest review online to give advice on how to challenge this type of DUI for prescription medication case as it pertains to a driver’s own set of unique circumstances.