Here are some defenses that may help in a DUI case involving controlled substances:
- Affirmative defense: A defense where the burden of proof is on the defendant. One common affirmative defense is that the defendant was using a prescription drug as instructed by a doctor.
- Involuntary intoxication: A defense if the defendant can establish that the involuntary intoxication acted similarly to an insanity defense. This means the defendant was prevented from understanding the nature of their actions or differentiating between right and wrong.
- Breath testing issues: A local DUI defense attorney can help identify breath testing issues that may produce a valid defense. The breath instrument has an inherent 10% margin of error that can give falsely high readings.
- Criminal defense motion: A motion that may be used to limit the controlled substances from the DUI controlled substance charge.
Other reliable DUI-D defenses include:
- Entitlement to use
- Voluntary intoxication
- Whether the law enforcement officer had reasonable suspicion or probable cause to stop, arrest or administer a field sobriety test
- Whether the arrested person was unlikely to actually put the vehicle in motion
- Attacking the police officer’s observations of what happened before the arrest
- Challenging the integrity of the evidence, such as the accuracy of a Breathalyzer test, presence of slurred speech, or odor of alcohol
Beating a Controlled Substance Prescription Drug DUI-D Offense: A Former Prosecutor’s Guide
Fighting a Controlled Substance Prescription Drug DUI-D (Driving Under the Influence of Drugs) charge can feel like a losing battle.
However, as former prosecutors turned DUI defense attorneys, we want to assure you there are options, and winning a case dismissal is possible.
Understanding the Battleground:
- Controlled Substance: This refers to any drug regulated by the government due to its potential for abuse, including prescription pain medication, anxiety medication, and stimulants.
- DUI-D: This charge signifies driving under the influence of any drug, including prescribed medications, that impairs your ability to operate a vehicle safely.
Key Distinctions from Alcohol DUIs:
Unlike alcohol DUIs with clear legal limits, prescription drug DUIs are significantly more complex:
- Dosage and Individual Tolerance: The presence of a specific medication in your system doesn’t automatically equate to impairment. Everyone metabolizes and reacts to medications differently.
- Valid Prescription: Having a valid prescription and taking medication as directed can be a strong defense in some states, but it’s not an automatic win. The prosecution still needs to prove impairment at the time of driving.
Strategies to Beat the Charge:
Here are proven strategies our expert attorneys have successfully employed to help clients facing prescription drug DUI-D charges:
- Challenging the Stop: If the police lacked a legitimate reason to pull you over (e.g., a faulty taillight doesn’t justify a stop in many cases), any evidence obtained (field sobriety tests, chemical tests) could be excluded from court. This significantly weakens the prosecution’s case.
- Dissecting Field Sobriety Tests: These tests are designed for general impairment and not specific to prescription drugs. An attorney can expose flaws in the administration or interpretation of the tests, potentially rendering them inadmissible in court.
- Deconstructing Chemical Test Results: While chemical tests can detect the presence of drugs, they don’t necessarily indicate impairment. An attorney can challenge the test’s accuracy or argue the detected level doesn’t translate to actual impairment while driving.
- The “Prescription Defense” (State-Specific): In some states, having a valid prescription and taking the medication as prescribed can be a powerful defense. However, this strategy is highly dependent on specific state laws and the details of your case.
Remember: This is not an exhaustive list, and the best course of action will depend on your unique situation. Consulting with an experienced DUI defense attorney familiar with prescription drug DUI-D cases is crucial to explore all potential options and develop a powerful, targeted defense strategy.
Additonally, individuals that were prescribed or legally allowed to use a drug that caused their impairment, still may have a DUI prescription drugs defense to dismiss the charges.
Affordable, and even free pro bono DUI-D lawyers around you who fight to reduce charges or get a case dismissed are also available for defendants in tough financial circumstances.
Key Takeaways
While facing a prescription drug DUI-D charge is undoubtedly challenging, it’s not insurmountable. By understanding the complexities of the case, employing specific legal strategies, and seeking qualified legal representation, you can fight for a favorable outcome.
The prosecutors are well-equipped with money and time to spend trying your case against you, and therefore you should also be utilizing all of the best resources available to help clear the pending controlled substance DUI-related case against you.
You can get started today by getting your arrest circumstances analyzed free and get the answers you need promptly for the best DUI prescription drugs defense to win.
We will let you know today exactly how to fight DUI charge for prescription drugs, and use your best DUI prescription drugs defense to dismiss charges.
Controlled Substance DUI-D Defense – Additional Prescription Drug DUI Legal References:
I’m currently fighting a dui charge that has taken forever to get through. I was driving home late in the evening from an ex boyfriend’s home, I had planned on staying the night because it’s about an hour drive but we got into a really bad fight so I left balling and feeling depressed, it triggered my ptsd and made me tired.
I had also not slept well the few days before. I stopped in a shopping area and took a nap. I didn’t really know the area so when I woke up I set my navigation and then drove away to head home. Very shortly after starting the drive home my navigation caught my attention and was not taking me the right way, so while driving I’m investigating the issue and then inputting my address again.
So while doing this I was swerving in my lane and then per the police report went slightly over the line two times. He then said that I turned on my blinker to make a right turn on red, that I slowed down but didn’t stop fully so he decided to pull me over, also to mention my car at the time had a medical marijuana bumper sticker on it. The officer asked where I was going I explained that I was going home after taking a nap.
It’s about midnight. He said I was driving like I was impaired and asked to search my car ( this isn’t the first time in that same area that I had been pulled over to search my car I believe due to the bumper sticker so after this arrest I removed it) I politely declined and he asked a few more times wanted to know why I wouldn’t let him and I said because I think it’s my right. And he had no pc at the time to search.
He asked if I take medication I explained that I do but haven’t since about 5pm. I told him I took gabapentin and adderall. He left to his car turned off the red lights then came back and asked me to take a sobriety test. This had never happened to me before so I told the officer I’m tired and depressed, I’ll call a cab from here and go to a motel until the morning. He stated that wasn’t an option and that he is requesting I take the test. I asked what happens if I don’t then he said I’ll have to take you in the station for testing.
So I agreed as I figured how hard is it to walk a straight line and count. But I’ve never even thought about walking exactly and turning exactly as the officer did pivoting on the same foot in the same direction. I did it and thought I passed because I didn’t loose my balance my feet stayed in a straight heel to toe line and I pivoted and came back the same.
In the police report he writes that I lost my balance to the point where my hand touched the ground and didn’t pivot in the correct direction. Ok maybe the pivot in the wrong direction was correct but never once did I lose my balance and use my hand on tr ground. Then he asked me to do the counting thing he said I was off by 12 seconds.
So the officer arrested me for DUI saying the gabapentin is a controlled substance and that it impaired you. I have my 2 yo son in the back seat in his car seat and I’m all he has. So I began balling and begging and explained gabapentin isn’t a controlled substance, he still insisted it was. They took me to the station and left my 2yo son in the car by himself on the side of I5 waiting over an hour for my friend to come and get us.
When I got to the station a DRE officer took over because I blew .00. I was crying my eyes out very depressed and now in shock and scared. The DRE asked what medications I take and when I take them. I told him that I had taken a klonopin about 7 that morning, my last adderall was around 2 pm and last gabapentin was about 5pm. I explained why I was depressed and fatigued. He took all the tests except urine or blood.
They impounded my car and searched it, in the trunk in my overnight bag was some marijuana. I had a medical marijuana card but I only smoked it at night before bed and never when I was going to drive. I never said anything about marijuana until they came into the interview room where I was with the DRE and said they found some marijuana in my car like under a gram. I then explained I had the card and I smoke at night and hadn’t smoked at all that day. So the DRE said I was under the influence of stimulants, depressants and marijuana.
Then the arresting officer drove me to where my friend was waiting for us. During the ride there he advised me to take the diversion program. I thought that it was odd for a police officer to give me legal advice like that. At the arraignment, I sat and waited expecting an attorney to come talk to me, never happened then my name was called to the stand, there was a gentleman standing there also. The judge read everything and asked how I plead, the gentleman answered for me right away and said she wants the diversion program. I had to interrupt and say no I’m pleading not guilty.
I thought that was odd too that they had everything ready for me to do DUI diversion. So since then we’ve had several court dates and now we’re going to trial in 4 days and this is the first time I hear from my attorney that I paid for, stating they want to offer 10 days in jail and a plea of guilty and they plan to bring in a medical expert to say how the drugs could have impaired me.
My current attorney states her DUI defense is to put me on the stand and explain that I was tired and distressed. I don’t feel this is the best defense. I haven’t even had a face to face meeting with her since our first court date like a year ago.
Wouldn’t there be video footage of the sobriety test to show that I didn’t lose my balance etc.? And that I was being arrested for something the officer mistaken as a controlled substance? There is no urine or blood to show what medication was actually in my system at the time of the DUI for prescribed meds.
I was driving on my way home with my 3 yr old when he asked me for the 100th time for his tablet that had fallen in the back seat at his feet. I bent dwn to get it (stupid decision) and when I looked up I was heading across the lane in the direction of the woods. I was told never to break too quickly or u can do more harm than good. So I let the car kind of lead me and before I knew it we went through the fence into the woods and came to a stop at a tree. My son was fine, thank God! Me on the other hand had a fractured vertebrae and concossion.
The medcu came and the cop came to bring me my son who was still in his car seat. He asked what was up with all the medication on my front seat. I told him I had just come from the pharmacy and that I was on Suboxone which is for chemical dependency, Aderall for ADD and Gabapentine which was used because of nerve damage and as a mood stabilizer.
At the hospital they left my son on my bed with me, not helping me at all w him, more concerned about my medication. I told him I would gladly take a blood test, that I had been on the same medication for the last 10+yrs. I left the hospital and didn’t hear about it again for 6 months. When I was stopped for a head light out and was told I had a warrant for my arrest for risk of injury to a child (felony) oui w child and operating mv under influ alc/drugs. I thought they made a mistake. I explained I had a prescription for all substances found in my blood. He said it doesn’t matter. Even when they were all accounted for when counted by police and the right amount in my blood.
I’ve been going to court w public defender for almost 2yrs(because of Covid) and truest thought it would be dismissed. Instead they offered me to take some program but still have dui and probation, possibly jail. This makes no sense. I never lost my license, DCF was nvr called, I was told I could drive, I actually was told when arrested after 6 months to not drive for the first 24hrs after I was booked! Like what? None of this makes sense. If I was under the influence that day than I’d be under the influence yesterday, today and tomorrow! How can this be legal?
It’s like I’m not allowed to get into an accident because I’m on medication. It was an accident, that’s all, a stupid accident, now it’s ruining my life!
Kristin,
I’m facing the exact Same situation you explained as far as “ It’s like I’m not allowed to get into an accident because I’m on medication. It was an accident, that’s all, a stupid accident, now it’s ruining my life!”
As I have been physically disabled fight’n a Debilitating Nerve Disease with no cure the past 24yrs knowing well aware what buzzed driving is, responsible and also a MMJ patient.
I have also been a Full time single dad for past 17yrs as my sons mom abandoned him at age 3 never look’n back it’s just been him and I and total responsibility as he graduated with honors.
But being over an hour away from home, unaware of where I was at after visiting a friend who lost his sister in a car accident I was following GPS , telling me to turn but couldn’t find the turn? Slowing down but in confusion “accidentally “ rear ending a gentleman at a red light 💡!
I was wondering if you would mind getting back to me as I read your statement and was wondering how you made out, legal defense used and DUI case outcome if you wouldn’t mind sharing because it’s greatly affecting not only my health but the health of my son worrying about the outcome or what to do as I’m all he’s known, his only guidance in life etc.. and will affect every aspect of my life.
I thank you for your time, feel for what you had to endure and look forward to hearing back from you When you get a chance!
Thanks Again,
Bernie
What happened at court? I’m going through something very similar.
First DUID or DWI or any type of this kind of traffic offense. St Francois county
I had ran into a ditch and the incline was enough to where I felt the need to call a tow truck. Three officer units arrive, I told them I had it handled, I am not the greatest driver, and I thought the road was there when it simply wasn’t. My bad. Obviously, I was fine enough to have called a tow truck and was in the right frame of mind to know what to do immediately after i was in the ditch. I was in the ditch for about 30 minutes waiting on the tow, outside of the vehicle. A guy stopped to help me when he first saw the accident. He pulled me out of the car, well before the cops got there, and then took off real fast when the cops got there. He told the cops he had to go to work and he was gone. They then started looking around my car. My husband had just overdosed on drugs and I had put most of his belongings in my car in order to transport them to a storage area. They found drugs in the car, of course. However, it turned into an investigation, i.e. the police officer started doing field sobriety tests on me BEFORE THEY STARTED SEARCHING THE CAR, and I was obviously not drunk or under the influence of anything. I did not even know i was being arrested. I told them the stuff wasn’t mine, and I wasn’t under the influence of anything that could impair my driving. So I was walking back to get t my car and the officer stopped me. I was extremely confused by this.
I was arrested for DUID meth. I asked why? He said because I seemed nervous and hyper, I said “I have ADHD.. i told you.”
I take desoxyn and vyvanse from samples from my doc for my well-known adhd issue since i was like 5 years old. I had been up for awhile, and depressed and with the ADHD acting crazy .. it was all due to my husband dying the week before. I was not in my car when they arrived, nor did i go in or near my car while they were there. I was not even asked if it was my car point blank. I made it clear that i did not want to do sobriety testing because 1. I have a severe astigmatism in my let eye. My eye doctor told me I had nystagmus. He did not listen and performed the test or about 5 minutes. Then he wanted me to walk the heel to toe thing, starting with the left foot of course. I have no balance.. I am the clumsiest person I know with a bad center of gravity and scoliosis and possibly a fractured back from an incident that occurred on April 16th with my husband.
Then as we were leaving, he told me i must take the blood test or i will lose my license right there for one year. I said “I agree, but not consent.” Took the blood, did the book and release. He actually agreed that I did not seem like I was under the influence at the hospital and again when i asked him if i seemed influenced by drugs or alcohol at the police station.
Also, before we let the scene, he said “Okay.. so I am doing you a favor here… I am not going to impound your car so it will be there for you when we are done in about 30-45 mins.” I thanked him profusely because really that is nice..but what the what? He is saying i am DUID, yet he thinks it’s okay for me to drive home?
So, did they even have probable cause to stop? Did they have a right to look at m car even with plain view doctrine, just because i was in a ditch? The tow was already on it’s way. Did he need a warrant for the blood test? Did he need to see me in my car actually with the car moving at any time? Why would he not impound the car i he really thought I was messed up on drugs? So many questions and I need help please. Thank you!
Same thing happened with me but I was parked and they woke me up I wasn’t high they took my blood and didn’t tow my car? I was innocent and don’t know what to do
My 43 year daughter had a 3 inch plate put in her neck and has been taking muscle relaxers as prescribed. She is in extreme pain and obviously mistook her pills on top of taking an ambien to sleep. she remembers nothing not even leaving the house just waking up in a cell and a little scrape in her fender. It just so happens the police were behind her when she hit the person in front of her. No one hurt and really no damage. She works 60 hours a week and has no record it was only a pill mixup. She blew a 0.00 they took her for blood. what is her best way to go
Hi, I was recently arrested for dui controlled substance. Stopped for not using blinker I was then put thru the the field Sobriety test, was told I failed. Two cops then brought out a breathelizer and I overheard them saying “it must be faulty” I ended up blowing 3 times two of the times the device read error, I was told it was because of the cigarette I had smoked and to take another. This time the device read 0.08 and the cops began to question me about how much I had to drink. I told them 3 beers eairlier that day and that I would like to retest using a non faulty device at that time a third officer offered his. The two cops refused and said it wasn’t needed. Placed me under arrest and took a 10 minute drive to the detention center, there I took another B.a.c. And blew 0.00. I was charged and on dui controlled substance. I live in Wyoming is this legal standard procedure?
Ron, what evidence do they have against you for the controlled substance? Did you admit to taking any drugs? If not then an attorney should be able to get the charges dropped based on the faulty breathalyzer. If you completely failed the field sobriety then you will have to plea bargain.