When Having A Prescription Doesn't Matter To Law Enforcement

You might be shocked at finding yourself behind bars after a driving under the influence (DUI) charge even if you had not been drinking. Almost any type of substance can create issues when driving, even legally prescribed ones. To find out more and learn what to do when a DUI happens to you, read on.

Using Prescription Drugs

It's not illegal to use prescribed substances. It is illegal, though, to drive while impaired by a substance. The law does not care what you used to become impaired – it might be alcohol, marijuana, or pain killers. If the substance impairs your ability to safely operate a vehicle, you may be pulled over, tested, arrested, and charged with DUI. When it comes to legally prescribed medication, be sure you only transport it in the original container with your prescription information on it. Having loose OxyContin roaming around in your pocket or vehicle will only make things worse for you.

The Arrest May Not Be Legal or Valid

Not all DUI arrests, regardless of the substance used, are valid and stand the test of time. Your first move should be to talk to a criminal defense lawyer about your case and find out what can be done to have the charges reduced or dropped. Your lawyer may take a look at some of the following common issues that can make the state's case fall apart under scrutiny:

The state must show that you were too impaired to operate a vehicle. That is usually accomplished by using a breathalyzer test, but that cannot be used with prescription medications (in most cases). Biological tests like a blood or urine test may be used but they must be performed only after a subpoena has been issued.

The other way law enforcement shows impairment is using field sobriety tests. However, these tests have been shown to be unreliable indicators of impairment since they depend on the subject being in perfect physical and neurological condition.

What led to the stop is another issue. Law enforcement can stop drivers for a variety of reasons such as equipment issues or questionable driving behaviors. They must have a valid reason for the stop but it doesn't necessarily have to be related to the DUI. That being said, careless or bad driving is not usually an arrestable offense. They must show a link between your driving habits and the effects of the alleged substance.

Other details that could influence your case are when you last took the medication, common side-effects of the medication, and more. Talk to a defense lawyer about your case right away. Look for one by going online to websites like https://dlplawyers.com/