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Contrary to popular belief, charges for driving under the influence (DUI) do not always involve alcohol. You could be accused of driving under the influence of drugs, including prescription medications like Oxycodone, Xanax, or Ambien. If an officer suspects you are impaired, they may arrest you and request a field sobriety or blood test. The charges can be even more severe for alleged drug DUIs without a valid prescription for the substance in question.
Regardless of your circumstances, representation from a savvy attorney can make a huge difference in your ability to defend yourself and your way of life. A Scottsdale prescription drug DUI lawyer will review your situation and determine an effective strategy for your case. Our former prosecutors know how to fight for your rights and protect your future.
Prosecutors may attempt to prove several charges in a prescription drug DUI case. For one, the prosecutor must prove the driver was impaired by some substance in their body. They may base their argument on driving behavior, field sobriety tests, and observations. The prosecutor may also accuse the driver of taking a drug without a valid prescription or taking more than the prescribed amount.
Toxicologists play a central role on both sides of a prescription drug DUI trial. The state’s toxicology expert will try to prove the driver had substances in their body or testify that their prescription warns against driving while taking the medication. The defense toxicologist will argue that the amount of the drug found in the driver’s body would not necessarily affect them. Our Scottsdale attorneys can work with expert toxicologists to build a strong case against a prescription drug DUI charge.
Without aggravating factors, a first-time prescription drug DUI comes with several penalties upon conviction, including ten days in jail, several thousand dollars in fines, court-ordered classes, and probation. A second DUI within seven years comes with increased jail time of up to 90 days. A third-time DUI can be a felony charge with a minimum prison sentence of four months upon conviction. Aggravating factors for a prescription drug DUI include driving with a child under 15 in the car or driving with a suspended license.
Regardless of the circumstances, our skilled lawyers in Scottsdale can work to mitigate the potential penalties of a medication DUI charge. Grand Canyon Law Group can use various defenses in these cases to protect a driver’s rights and freedom.
Although medication DUI cases are often complex, they are also some of the most defensible types of DUIs. Juries tend to identify with defendants; they are scared by the idea that they can get pulled over even while correctly taking their prescriptions. A Scottsdale prescription DUI attorney at our firm can use this to a defendant’s advantage.
Legal counsel can contest field sobriety test results in various ways. A driver may be unable to stand on one leg or walk in a straight line because they are tired or uncoordinated rather than impaired. People taking prescription drugs may have medical conditions that prevent them from performing well on these tests. There may be various reasons for a driver’s behavior besides medication impairment. Prescription drug DUI cases often rely on observations and subjective judgments, which a skilled Scottsdale lawyer can contest.
You may be confused to learn you are being arrested for a DUI despite not having any alcohol. If an officer accuses you of impairment due to a prescription drug, consult legal counsel immediately. A Scottsdale prescription drug DUI lawyer can review your medical history, investigate the traffic stop, and interview the arresting officers.
The sooner you reach out to Grand Canyon Law Group, the better your chances of defeating the charges and moving forward with your life. Handling a DUI case correctly takes time and legal expertise. Call our firm today to get our diligent attorneys working for you.