Impairment is the key factor that must exist for a person to be charged with a prescription drug driving under the influence (DUI). The officer will most likely see some sort of impaired driving, including weaving, speeding, or failure to signal. Upon stopping the person, the officer will evaluate their behavior, eye contact, and other factors. If the law enforcement officer thinks that the person may be impaired, they will try to order a Drug Recognition Expert to the scene to do a DRE evaluation. Then, that person would be ordered to do a blood test. If they do not comply with the blood test, they will lose their license. If they do the blood test and the drug shows up in their system, then they may be charged with a DUI.
Drug DUI attorneys need to know everything when trying to defend a case. They need to know all the client’s medical information because certain prescription drugs could counteract with other prescription drugs. They could negate effects or make them worse. If the prosecutor knows everything because they got the blood result and the defense attorneys do not know, then the defense is behind the ball. Attorneys need to know what drugs were in the client’s system, how much drugs were in their system, and how long that person has been on that prescription. You should not try to handle the legal aspect of your case alone. Let a skilled Colorado Front Range prescription drug DUI lawyer help your case. Jenn and Justie at Nicol Gersch Law are ready to take on your case.
If a person is aware of the drug side effects, and they choose to get in front of the wheel of the car, courts are not going to have much empathy. Unfortunately, the law concerns the voluntary taking of medication. Even if the person was unaware of the possible side effects that impaired them, the fact that they willingly took the drug is enough to charge them with a DUI.
The penalties for prescription drug DUI charges are not different than those for alcohol or marijuana. However, judges in the past have been slightly more lenient when sentencing a prescription drug DUI case. It is fact-specific, and it depends on the person. Legally, the potential penalties are still the same. If someone did not have a prescription for the drugs in their system, they could be charged with a felony DUI. It can be a lower-level felony, or it could be a higher-level felony. A Colorado Front Range prescription drug DUI lawyer could review the charges and help the defendant understand the potential penalties of a conviction.
In a prescription drug DUI case, a toxicologist will talk about the blood test and discuss their findings. They will discuss the amount that was in the person’s system and explain the effects of that drug. They can breakdown what that amount of drugs means and they can talk about, based on their experience and their knowledge, that that amount means that the person was impaired.
When a driver has drugs in their system, the question is how much is in their system and whether that amount makes them incapable of operating a motor vehicle. Since there is not a set content level, the expert to has interpret whether they think a driver is impaired by a prescription drug. With Ambien and other sleeping medications, as well as some of the anxiety medications that people are prescribed, the label warns people to not operate heavy machinery including motor vehicles. A lot of times, warnings like that would be on the bottle because certain effects with those drugs will make them sleepy or make them drowsy. Pain medications like oxycodone, Vicodin, and anxiety meds may give the person a euphoric feeling that will also impair them.
A diligent Colorado Front Range prescription drug DUI attorney could conduct their own investigation into the case to build a defense.
There are no set content levels with prescription drugs like there is with alcohol. There is no blood alcohol content (BAC). The prosecution must determine whether the prescription drug made the motorist incapable of properly operating a vehicle. A seasoned defense attorney will review the facts of the case, collect evidence, and speak to witnesses to help build a defense.
Let a well-versed Colorado Front Range prescription drug DUI attorney help you fight the charges. Call Justie and Jenn at Nicol Gersch today to schedule a consultation.