Prescription drugs are drugs that are prescribed by a doctor. Ritalin and anti-depressant drugs are some of the more common drugs linked to a prescription drug DUI charge. Whenever a person is under the effects of these or any other prescription drugs in a way that impairs their driving, they can be charged with driving under the influence. Necaise, these are serious charges, it is important to work with an Omaha prescription drug DUI lawyer who can fight back. An experienced DUI lawyer can build a strong defense to the charges to give you the best chance of a positive outcome. With their help, you may be able to reach a positive outcome in your case.
Understanding DUI Charges Involving Prescription Drugs
To charge and convict a driver of a prescription drug DUI, there must be evidence to prove the person was in actual control of the vehicle and there must be a blood test that indicates they were under the influence of drugs. The penalties for a prescription drug DUI charge are similar to a first-offense DUI charge. The person faces a minimum of seven days in jail up to 30 days.
It is important to note that the charges and penalties can increase if a person did not have a valid prescription for the drug. When an individual does not have a prescription for the drugs found in their possession, they could potentially be charged with a felony. Anyone with further questions about these charges should reach out to a knowledgeable attorney.
Building a Defense to Intoxicated Driving Charges in Omaha
It is important to provide all prescription and medical information to one’s attorney when prescription drugs are involved so the attorney can adequately prepare and provide the best defense. For example, having evidence of a valid prescription for the drugs may result in the charges dismissed. At the very least, evidence of having a prescription or unexpected side effects could be mitigating factors.
Depending on the circumstances, a person may be able to argue that impaired driving was involuntary because there were unexpected side-effects from the drug he or she took. When someone relies on medication to function, he or she could make the argument that he or she was following the warnings given for the medication. An attorney can fully examine the circumstances surrounding a DUI to determine what defenses may be available in a case.
Get Guidance from an Omaha Prescription Drug DUI Attorney
Even if someone believes they can successfully challenge a drug DUI on their own, they should contact a lawyer. An experienced Omaha prescription drug DUI attorney understands what factors could impact a case. For example, if a person was experiencing unexpected side effects, he or she may not be able to be convicted. By thoroughly examining the circumstances surrounding the charges, an attorney can build the strongest defense possible. Throughout the legal process, an attorney can advocate on your behalf while defending your rights. To discuss your options, call Berry Law for a confidential consultation.
