A DUI charge can apply even when an individual is not intoxicated by alcohol. Prescription medications can also impact one’s ability to drive, which can lead to DUI charges. However, facing this sort of incident doesn’t always have to mean conviction. There are a few defenses that could reduce or dismiss the charges.
Proving lawful use of prescription drugs
Proving that the driver was taking legally prescribed medication is a common defense for medication-related drunk driving charges. If the individual can show that they followed their doctor’s orders correctly, it may strengthen their case.
Florida law does not criminalize taking medication as prescribed, but driving while impaired can still be an issue. Because of this, it’s important to show that the prescribed dose was not enough to impair safe driving.
Challenging the impairment evidence
An individual’s defense team may attempt to challenge any evidence of impairment. This includes questioning the results of a field sobriety test, which is not always reliable for determining prescription drug impairment. Behaviors like poor balance, nervousness, or fatigue can lead to failed sobriety tests as well. Medical conditions that mimic impairment may also be used to challenge these results.
Questioning the arrest process
If law enforcement did not follow proper procedures, this may be another defense. For example, if officers had no real reason to stop the vehicle or no probable cause for arrest, the defense may challenge the charges. Any violations of the driver’s rights or improper handling of evidence collected may weaken the prosecution’s argument.
Understanding the complexities of DUI cases
DUI charges involving prescription drugs can be complex, and there are multiple defenses that may be worth exploring. If you’re taking prescription medication, it’s important to be aware of how to protect yourself when facing these types of charges.
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