Lexington Prescription Drug DUI Lawyer
A prescription drug is a legal drug that is ordered by a doctor and provided by a pharmacy for someone who has been prescribed the drug. It is crucial to know that anything a person takes that could impact their ability to operate a vehicle could lead to a DUI charge. Depressants are most commonly seen in prescription drug DUI cases because these drugs can impact someone’s motor skills.
If you are facing prescription drug DUI charges, you should reach out to an experienced drug DUI attorney today. A Lexington prescription drug DUI lawyer could fight for you throughout the legal process.
Prosecuting Prescription Drug DUI Cases
The elements of a prescription drug DUI case are the same as an alcohol-related one. When looking at the DUI statute, the substance does not matter whether it is alcohol, marijuana, another illegal drug, or a legal prescription drug. What matters is if the substance causes a person’s mental and physical faculties to be materially and appreciably impaired. In other words, if the person is not able to drive safely, it is dangerous for them to drive based on the level of intoxication.
The prosecution must prove that the defendant took the substance and that substance impaired their ability to drive. The prosecution must prove these elements beyond a reasonable doubt. For more information, consult with a prescription drug DUI lawyer in Lexington.
What if the Defendant Experienced Unexpected Side Effects?
A defendant experiencing unexpected side effects will likely not impact their defense. Most pill bottles have long disclaimers regarding side effects, which could include stating that the drug could impact a person’s ability to operate heavy machinery. This means that even if the person has not experienced the side effects before, they could still face a DUI charge if they suffered an adverse side effect.
Depending on the case, an argument could be made if there was no literature anywhere that the person was on notice and did not have a reasonable belief that they would be impaired.
Prescription Drug DUI Penalties
Prescription drug DUI penalties are the same as alcohol and other drug-related DUIs. The maximum penalty for a first-offense DUI is 30 days in jail. The defendant could also face a fine, driver’s license suspension, and other repercussions. Therefore, it is imperative for a defendant to obtain a Lexington prescription drug DUI lawyer right away.
A Lexington Prescription Drug DUI Attorney Could Help Build a Strong Defense
Every bit of information the defendant has is important because a lawyer needs to see the case from A to Z to be able to properly assess the strengths of the case and the weaknesses of the case, anticipate arguments from the prosecutor, and be able to build their own defense.
After reviewing the case, the attorney could begin to build their arguments and prepare for court. If you are facing charges, get in touch with a dedicated Lexington prescription drug DUI lawyer right away. Let a skilled attorney advocate for you and possibly help you reach a favorable resolution to your case.
