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Police, in the city of Gilbert and the rest of Arizona, following a legal traffic stop, can initiate a DUI investigation for prescription drug use. Even if your doctor prescribed a medication for an illness or another malady, it might be illegal to drive after taking certain medications. Generally, the outcome may hinge on impairment. After all, drivers have a duty of care to their fellow drivers, bicyclists, pedestrians, and others sharing the road. The bottom line, a prescription medication that impairs your ability to drive sets the stage for a traffic stop and, likely, a DUI charge. However, our Gilbert DUI attorney is here to help in the event you are charged.
If you have been charged with a prescription drug DUI, an experienced Gilbert DUI defense lawyer can work to protect your rights. Call (480) 248-7666 for immediate help.
Arizona has some of the strictest laws in the land about impaired driving. Even those who use certain prescription drugs instead of alcohol can be found guilty of DUI in Gilbert. So, don’t assume a doctor’s note or prescription clearing use of a prescription drug will suffice. A Gilbert police officer can legally pull you over for any driving offense. After investigating you, they could determine that you were impaired after using prescribed medications. As long as the Gilbert police officer has the slightest bit of evidence to suggest your driving is impaired, you could be charged with DUI.
In cases involving prescription medications and DUI, it is vital that you understand the burden shift.
This because your prescription creates an Affirmative Defense. Generally, in any criminal matter, the State must prove your guilt beyond a reasonable doubt. However, when a person is accused of DUI about taking their prescription medication, the burden shifts to the defendant and changes slightly. Once the defendant proves they possess a prescription, they must prove that the medication did not cause any impairment by a preponderance of the evidence.
Some common prescription drugs that trigger a DUI in Gilbert include Xanax; Vicodin; Oxycodone; Oxycontin; Codeine; Methadone; Valium; Morphine; Percocet. However, as time progresses, the number of other prescription medications that can result in a DUI continues to climb. Take a close look at the warning labels on your prescription bottle. If the manufacturer knows the medicine can cause impairment or fatigue, the warning label(s) should caution against driving an automobile or operating.
If you are found guilty of DUI because of prescription drug use in Gilbert, there are stiff repercussions. For example, the penalties include at least 24 hours in jail. Your driver’s license could be suspended for an entire year or revoked altogether; mandatory drug/alcohol counseling and education. Additionally, expect to pay fines, fees, and other consequential costs, usually more than $2,500.
If you are accused of a drug DUI in Gilbert, or another part of Arizona, do not panic. Our legal team is here to help. We will review the facts of your case and formulate the best possible legal strategy. Some successful strategies we have used in the past include finding the police officer lacked reasonable suspicion to pull you over; the police officer lacked probable cause to arrest you; the drug test was not administered within the confines of the law; lack of scientific proof; a certain amount of time passed between consuming the medication and driving; no impairment. All of these defenses and many others have resulted in charges being reduced or completely dismissed.
If you have been accused of driving under the influence of prescription drugs in Gilbert, Arizona, it is important to contact a DUI defense attorney as soon as possible. The best Gilbert DUI drug attorneys understand the importance of keeping a conviction off your record and preserving your freedom.
This type of DUI differs in some ways from the standard alcohol-related DUI. It is crucial that you find someone with the knowledge to assist in your particular situation.
Contact Rosenstein Law Group, our DUI defense attorneys have worked on hundreds of drug-related DUI cases, and our office helps clients deal with their prescription drug DUI charges daily. We offer free consultations and are available 24/7. Contact an experienced Gilbert DUI defense attorney today online here or by calling (480) 248-7666.