Monday, May 14, 2012

Can I Get Charged / Convicted of DUI When I Was Only Taking My Prescription Medication? Experienced DUI Defense Lawyer - AZ DUI Team

This is becoming a more and more common question, and, unfortunately, the answer is Yes and Yes:  a person can be charged and convicted of DUI solely due to the medications they were taking.

That is why it is so important to have an Experienced DUI Defense Lawyer to handle this type of situation.

In Arizona, a person can be charged with two counts of Misdemeanor DUI solely for driving while having prescription medication in their system.  That's right.  Even if there is no alcohol, or illegal drugs, and the only thing in your system is the prescription medication that you have been taking for years.

It is can even be a Felony DUI charge if you were driving with your prescription medications, and: there was an issue with your license; or you had a child under the age of 15 in the vehicle; or it is your 3rd DUI within 7 years; or you were required to have an Ignition Interlock Device (IID) placed in any vehicle you operate... even though the IID would only test for alcohol, and has nothing to do with drugs or prescription medications.

Under Count 1, a person can be charged with driving while their ability to drive was impaired to the slightest degree by reason of being under the influence of their prescription medication.

Under Count 2, a person can be charged with driving while having any illicit substance or its metabolite in their system.

With an Experienced DUI Defense Attorney, Count 2 can very likely be dismissed by proving that you were taking your prescription medication as prescribed, but that still leaves Count 1.

The focus of Count 1 is how were you driving.  Unfortunately, in Arizona, poor driving will inevitably be blamed on the prescription medication you were taking.  Even if you were tired, or had a sneezing fit, or just zoned out, the prosecutor is going to argue it was your medication... sometimes the medication you had been taking for years.

With the right DUI Defense Lawyer, these types of cases are excellent for trial, and there is a better than average chance of winning the case.

If you are currently charged with, or expect to get charged with, a Misdemeanor DUI or Felony DUI in Maricopa County, it is important to talk to an Experienced DUI Defense Lawyer as soon as possible. 

Contact the AZ DUI Team for a Free Consultation:


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