To be charged with a prescription drug DUI, an individual must be driving a motor vehicle in a public place while appreciably impaired by the effects of their prescribed medication. Even if the individual has a legal doctor’s script to be taking the drug, as long as it impairs their ability to drive, they could be charged with a DUI.
If someone is facing these charges, it can be imperative to reach out to a professional Midland prescription drug DUI lawyer as soon as possible for legal representation. A dedicated defense attorney could create a strong defense strategy on your behalf and advocate for your best interests in court. Read on to learn more about how a skilled Midland prescription drug DUI lawyer could offer you their assistance today.
Potential Defense Strategies
Under case law, an individual can be found guilty if they voluntarily took the medicine. However, if they were unaware of the side-effects of the drug while driving because the doctor did not properly warn them and there were no proper labels on the bottle, a knowledgeable Midland prescription drug DUI lawyer could potentially sway the jury in their favor.
Another potential defense strategy is known as involuntary intoxication, where the driver did not know that they were given or ingested drugs before getting behind the wheel. This situation can be harder to prove as it may involve showing that another individual slipped them the drugs without their knowledge or that they ingested something that would not usually have those substances in it.
The most common drugs involved in these cases include Ambien, sleeping pills, or anxiety medication such as Xanax. If an individual is convicted of this offense, they would face the same penalties as an alcohol-based DUI, but would not have to worry about the aggravating factors that come into play concerning one’s blood-alcohol levels. Because it is a drug-based case, there should not be any alcohol in the defendant’s bloodstream.
In these cases, an experienced defense attorney wants to know what the lab results are if the defendant had a urine or blood test so they can evaluate whether the level of drugs in their system could actually cause driver impairment. An individual will need to provide them with their medical records so that they can show that they had a valid prescription, otherwise they may be charged with a separate offense of possessing a controlled substance. A lawyer will use this information to see whatever potential mitigation tactics can be used in the case where a jury does not find them innocent.
How a Midland Prescription Drug DUI Lawyer Can Help
Even if an individual has a legitimate doctor’s script for their medication, they are still facing a serious charge with real penalties could that potentially result in time spent in jail. In order to fight against these consequences, an individual should not hesitate to retain the representation of a qualified Midland prescription drug DUI lawyer as soon as possible following their arrest. Reach out to a dedicated defense attorney who can fight for your rights today.