Hampton Roads Prescription Drug DUI Lawyer

Prescription drugs are used to help someone who has an illness, injury, or other condition. Prescription drugs are obtained from the pharmacist at a drug store by presenting a prescription written by a doctor outlining the name of the drug, the strength of the drug, directions on how to take the drug, how many days of medicine is in the prescription, and whether or not there any refills obtainable. When someone is prescribed medicine, it always comes with written instructions on how to take the medicine and possible side effects.

Taking prescription drugs can have an adverse effect on someone’s ability to operate a vehicle. This is why it is possible for someone to be charged with a DUI after taking medication. If you have been arrested for a DUI following the use of prescription drugs, reach out to a seasoned DUI drug attorney today. A Hampton Roads prescription drug DUI lawyer could stand by your side and advocate on your behalf throughout the process.

Common Prescription Drugs Linked to DUIs

The most common prescription drugs that are seen in drug DUI cases are painkillers and narcotics. Typical drugs that are used include:

  • Vicodin
  • OxyContin
  • Valium
  • Xanax

Someone taking sleeping medication could also face DUI charges. This is why it is essential that the individual knows the side effects associated with the drug they are taken and how it may impair their ability to operate a vehicle.

Evidence in a Prescription Drug DUI

In order for someone to be charged with a prescription drug DUI, it must be proven that the individual was driving under the influence of a controlled substance and the government must be able to identify the substance. In this case, they need to prove that it was a specific medication and that it was in the individual’s system at the time they were operating the motor vehicle.

An officer may ask the person they pulled over if they were on any medication. If the individual says yes, then their own admission can be used as evidence. Also, law enforcement may administer a blood test to see if the person had, in fact, taken a drug. The police could also ask the person to take a field sobriety test, which the officer may believe is evidence that the person was driving under the influence. A Hampton Roads prescription drug lawyer could challenge evidence and build a viable defense for someone who has been charged.

Unexpected Side Effects Impact on Case

A person cannot use unexpected side effects from a prescription drug as a defense with stopped by the police. The legal maxim (established principle) is that ignorance of the law is not a defense. When someone is given prescription medicine, it comes with instructions on how to take it and what the possible side effects are. However, if the individual experienced an unexpected side effect that is not commonly seen in the medication they are taken, then they may have a defense in court.

It is important to remember that a person is accountable for any medication they are on, regardless of whether or not the medicine is necessary for their everyday life. If they are taking medications that can affect their cognitive functions and affect their ability to operate a vehicle properly, it is their responsibility and that is the risk they take should they decide to operate a vehicle.

How a Hampton Roads Prescription Drug DUI Lawyer Could Help

An individual charged with any type of DUI should never try to defend themselves in court and needs to retain the services of a Hampton Roads prescription drug DUI lawyer.

Most non-lawyers are unfamiliar with the rules of evidence and are not going to be in the best position to proceed with the case. An attorney who handles these types of cases is familiar with courtroom procedures, with the burden of proof which is expected of the government, and the elements of the case. If you are facing prescription drug DUI charges, call today to schedule a consultation.