Many people are unaware that they can be charged in Pennsylvania and convicted of driving under the influence of drugs (DUID) even if they are using prescription drugs that have been prescribed to them by a doctor. This is because the use of prescription drugs can impair a person’s ability to drive, just as the use of illegal drugs or alcohol can.
When a person is charged with DUID for drugs that are prescribed for them, the prosecution must prove that the person was under the influence of drugs while operating a motor vehicle or in its actual physical control. This can be determined through a combination of physical evidence, such as the driver’s behavior and performance on field sobriety tests, anything the driver said, any pill bottles found in the car, the number of pills “missing” in the pill bottle and chemical tests that measure the presence of drugs in a person’s system. Even if the drugs were legally prescribed, the prosecution can still argue that the driver was impaired while operating the vehicle.
It is important to note that different prescription drugs can have different effects on a person’s ability to drive, and some drugs can have a greater impairment effect than others. For example, some sedative-hypnotic drugs, opioids, and anti-anxiety medications can cause drowsiness, disorientation, and slow reaction times which can be dangerous behind the wheel. Additionally, some prescription drugs can also interact with each other or with alcohol, which can further exacerbate the effects of the drugs and increase the risk of impairment. Some prescription drugs are subject to tolerance meaning their impairing effect no longer happens because the person has been on the drugs long enough when tolerance happens is unique to every individual.
At The McShane Firm, we understand the complexities of DUID cases involving prescription drugs that are prescribed to you and know how to build a strong defense to help you avoid the severe penalties that come with a DUID conviction. Our attorneys have a deep understanding of the laws and regulations surrounding DUID and have experience in navigating the legal system to achieve the best possible outcome for our clients.
We will review all the evidence in your case and look for any potential weaknesses in the prosecution’s case. We will also take into consideration the circumstances that led to the use of the prescription drugs, the dosage prescribed, the length of time you’ve been taking the drugs, and any other medical conditions that may have affected your performance on the SFSTs.
Furthermore, our attorneys will work closely with expert witnesses, such as toxicologists, to help the DA and courts understand the implications of the drug test results and to provide expert testimony on your behalf in court that may show despite the blood results that you were able to drive safely. We will also investigate any possible issues with the administration of the SFSTs and the drug test results, and work to challenge any evidence that may be unreliable or inaccurate.
At The McShane Firm, we understand that a DUID conviction can have significant consequences, such as fines, jail time, and a driver’s license suspension. We will work tirelessly to ensure that your rights are protected and that you are treated fairly in court. We offer free no-obligation consultations to potential clients, which allows them to discuss their case with us and get a better understanding of the legal process before deciding to hire us as their attorney.
In summary, many people are unaware that they can be charged with DUID even when using prescription drugs that were prescribed to them by a doctor. At The McShane Firm, we understand the complexities of DUID cases involving prescription drugs and have the knowledge, experience and skills to provide an effective defense to help you avoid the severe penalties that come with a DUID conviction. Contact us today for a free no-obligation consultation and take the first step towards protecting your rights and fighting your DUID charge.
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