How to Defend Against a DUI for Prescription Medication

It is commonly believed that DUIs (driving under the influence) can only be issued when the suspect is thought to have consumed alcohol or illegal drugs in excess of the legal limits. This is not the case. Any substance, even prescription medication, and render you incapable of safely operating a motor vehicle, so what happens if you are arrest for a DUI for prescription medication? And how can you defend yourself?

Unfortunately, it is sometimes difficult to tell how prescription medications affect your mental faculties until after you've already gotten behind the wheel. Maybe you recently had surgery and are still taking narcotics for the pain, but mistakenly believe yourself ready to drive. Whatever the case, it can be terrible to get a DUI when you didn't think you were doing anything criminal to begin with.

There are a few ways to defend against a DUI for prescription medications, but you'll have to be proactive in collecting evidence and establishing your claims. Furthermore, it is a good idea to retain legal counsel for the legal battle ahead, even if you feel that you can defend yourself against the DUI. An attorney knows far more about the law and can customize a defense to your needs.

The first way to defend against a DUI for prescription medications is to assert that you weren't affected by the drugs as the police say you were. For example, if the officer saw the pill bottle in your vehicle's cup holder, he might have jumped to conclusions that you were unfit to drive at all. Additionally, roadside sobriety tests are often inaccurate, especially those that don't require breath evidence or blood samples.

To defend against a DUI for prescription medications using innocence, you'll need to be able to show that the drug didn't affect you at all. Bring a copy of the side effects to court to show the judge if they don't include potential mental impairment, and don't forget to mention the time at which you took the medicine. If the effects should already have worn off, you couldn't have been driving under the influence.