Have You Been Arrested for Prescription Drug DUI in Georgia?
Many people take lawfully prescribed medications every day. While there is no law against driving while taking your medication, there are laws about driving under the influence of drugs. Usually when you think about a DUI – drug case, you think about driving under the influence of cocaine or methamphetamine . Of course, drivers can and are busted every day for driving under the influence of illegal drugs. But more and more drivers are charged with DUI-drugs for driving under the influence of their legal medications. This is a troubling development.
What Can Be Done?
Our Office is devoted to defended people charged with Prescription Drug DUI throughout Georgia, Atlanta, Metro Atlanta, and North Georgia. For more than 25 Years Richard Lawson has successfully defended prescription drug DUI cases. As a former DUI prosecutor, he puts his experience to work for you. Additionally, Richard Lawson has co-authored a book on prescription drug DUI. Prescription Drug DUI in Georgia is completely unlike Alcohol DUI. The issues and defenses are different. In fact many "defense" attorneys and prosecutors assume guilt just because the drugs is in your system. NOTHING IS FURTHER FROM THE TRUTH!!
What if My Medication Is Taken in a Lawful Manner?
Even if you are lawfully prescribed a medication, if a law enforcement officer believes that your driving is impaired, he may inquire of you whether you take medications. He may even arrest you for being a DUI-less safe driver and then ask you to submit to a blood test. If your blood work returns positives for medication, then the State will likely move forward with a DUI prosecution against you. The key issue is whether the medications you are taking or combinations of medications you are taking have made you less safe or unsafe to drive. Being "less safe" or "unsafe" is a a judgment call that police offices often get wrong. Our Georgia DUI Lawyers know the difference between possible impairment and officer mistakes.
All the officer has to testify to is that he felt that you were impaired by your medication. The state is especially likely to prosecute your case for DUI if the driving was extremely poor ( reckless driving, failing to maintain lane, following too closely ) and if there was accident. Another factor is whether your blood level for that drug exceeded the therapeutic level (i.e. if you took more than your prescribed dose).
Defenses to Prescription Drug DUI in Georgia:
Taking medication (regardless of the label on a bottle) and driving is not illegal. So, it's important to have attorneys and expert witnesses trained to understand therapeutic drug levels. Our prescription drug DUI Attorneys understand that people are not automatically guilty because they take medication. There are defenses and NO PERSON is automatically guilty just because they are charged This is a judgement call on the part of the arresting officer, and many times those people officers are wrong.
Prosecutors frequently (and often wrongly) make the assumption that a combination of a medication and even a small amount of alcohol lead to magnified impairment. This is often little more than an assumption by the prosecutor and our DUI lawyers frequently work with medical experts, toxicologist, and pharmacists who can testify that alcohol would not amplify the effects of the medicine.
Our Expert Experience is the Difference:
DUI cases of this nature are often easier to win at trial than are the more standard DUI-alcohol cases as it is likely that most of the jury will also take medications and can empathize. Talk to your skilled DUI trial lawyers today to discuss your DUI case and the defenses available. We are available 24 hours a day, 7 days a week to take immediate actions to protect your freedom and right to drive. Contact us now. Our Georgia DUI Attorneys are here to help