Prescription Drug DUI Charges in Gwinnett County
Can You Get a DUI for Prescription Drugs in Georgia?
The short answer is yes. Most people associate DUI with alcohol and are surprised to hear that they could be arrested for DUI while taking prescription medications. Even if the prescription is legal, it could impair your driving and you could face a DUI charge. If you or a loved one is facing DUI charges for alcohol, drugs, or prescription drugs, contact our Gwinnett County DUI Lawyers today. Our team has over 25 years of experience and has defended over 5,000 clients. Call now to discover the options for your case.
Georgia law O.C.G.A. §40-6-391(a)(2) states,
A person shall not drive or be in actual physical control of any moving vehicle while under the influence of any drug to the extent that it is less safe for the person to drive.
The statute continues on to say that a lawful prescription is not a defense and instead, it will depend on whether a person is capable of driving safely while using the drug.
The penalty for a DUI for prescription drugs is the same as DUI alcohol and carries the threat of jail time, hefty fines, drivers license suspension, probation, and community service.
Prescription Drug DUI Investigation
To establish probable cause for an alcohol-related DUI arrest, police often administer field sobriety or breathalyzer tests. Since most prescription medications will not show up on a breathalyzer test, police officers must use field sobriety tests for probable cause. These tests are subjective and can often lead to false arrests. Once they have arrested you, the police will likely request that you submit to a blood test. Although this type of chemical testing may not be able to identify the specific substance you consumed, it can provide enough information for the prosecutor to pursue charges.The police and prosecutor can also use any statements you make against you in court. Simply admitting to the officer that you took an antidepressant, pain medication, sedative, or any prescription drug that you knew had certain side effects may be enough for the prosecutor to convict you of a drug-related DWI.
Fighting Your Gwinnett County Prescription Drug DUI Charge
Challenging drug DUI cases can be more difficult than DUI cases because blood tests can detect medication even though you are no longer under the influence of that medication. Furthermore, the arrest occurred because of the police officer's observations that you were driving unsafe.
However, our team of Gwinnett County Prescription Drug DUI Attorneys are skilled in identifying weaknesses in the prosecutions case. We will examine every aspect of your case and make sure your rights were protected before, during, and after arrest. The officer may have arrested you on an illegal stop which can result in our attorneys obtaining a dismissal of the charges. Another defense is that since our team utilizes medical expert and pharmacists, we can show that the required procedures were not followed during the collection of evidence. No matter what the specifics of your case are, rest assured our Prescription Drug DUI Lawyers in Gwinnett County know how to fight for your rights.
The Office of Lawson and Berry has extensive experience with DUI defense and have defended hundreds of Gwinnett County Prescription Drug DUI cases. Our expertise is unparalleled, and we understand how to resolve prescription drug DUI cases. If you have been charged with a prescription drug DUI in Gwinnett County, call our office today.