Proving Hampton Roads Prescription Drug DUI Cases

Prosecutors treat prescription drug DUIs the same as they treat other DUIs. The punishment is also the same for a prescription drug DUI charge, which is a maximum of 12 months in jail for a first offense. The third and subsequent charges are considered felonies with increased punishments.

To discourage people from driving under the influence, prosecutors work hard at convicted individuals accused of a DUI. Proving Hampton Roads prescription drug DUI cases is a priority for prosecutors, which is why it is essential for someone facing charges to reach out to a skilled lawyer. Call a prescription drug DUI attorney today to schedule a consultation.

Expert Witnesses in Drug DUI Cases

When proving Hampton Roads prescription drug DUI cases, the state may bring in expert witnesses to testify. The expert witnesses will testify about the specific effects that prescription drugs can have on an individual. The defendant will have an opportunity to cross-examine the expert witness, which means it is imperative to have a knowledgeable defense lawyer who can challenge the testimony and provide expert witnesses of their own.

Providing Prescription and Medical Information

To avoid the state proving Hampton Roads prescription drug DUI cases, it is essential that a defendant provides their attorney with relevant prescription and medical information. This is critical to building a defense. An experienced defense attorney will attempt to show that an individual was using the medication properly and that they had no reason to believe that taking the prescribed medication in the prescribed dosage would cause any sort of reaction. Therefore, if the lawyer has all the medical information, they could show what the defendant was taking, how much they were taking, and present a defense as to whether or not the individual was operating under the influence or not.

When a Person Does Not Have a Prescription for the Drugs

There can be serious consequences if an individual is charged with a drug DUI and does not have a prescription for the drugs ingested. There is no specific code section for driving under the influence of a prescription drug without a proper prescription. However, it is something that the judge can take into account at sentencing. If an individual was abusing someone else’s prescription drugs, there also can be separate charges. In this case, there can be prescription drug charges brought against the individual depending on how they got ahold of the medication.

Building a Defense for a Prescription Drug DUI

In order to properly prepare a defense, a drug DUI lawyer will have to start with the basics of any DUI case, which is to understand why the officer pulled the individual over or interacted with them in the first place. They would need to determine what the officer’s reason was for suspecting the individual was intoxicated and had them perform field sobriety tests. From those field sobriety tests, a determination can be made whether or not there was probable cause to arrest the individual. If there was any blood or breath testing, the attorney would need to look at that as well.

When proving Hampton Roads prescription drug DUI cases, the Commonwealth has to be able to show what drugs were taken. There must be some sort of explanation as to how those drugs were in the individual’s system and why they had this reaction.

Contact an Experienced Prescription Drug DUI Attorney

If you were accused of driving under the influence of drugs, you should not risk appearing in court alone. Even if you had a valid prescription, you could be convicted of a DUI and face serious penalties. For help defending yourself and fighting for a positive resolution to your charges, call an experienced criminal lawyer today.