Impaired Driving Charges from Legally Prescribed Medication
Many individuals are surprised to learn that taking legally prescribed medication can still lead to a DWI (Driving While Impaired) or DUI (Driving Under the Influence) charge. If a prescription drug, even when taken as directed, impairs your ability to safely operate a vehicle, you can face the same severe penalties as those associated with alcohol or illicit drug-related DWIs. These charges are complex because they involve the interplay of medical conditions, medication side effects, and driving performance.
Common prescription medications that can lead to impairment include opioid-based painkillers, sleep aids, anti-anxiety medications (like benzodiazepines), certain antidepressants, muscle relaxants, and some allergy medications. These drugs can cause drowsiness, dizziness, slowed reaction time, impaired coordination, or blurred vision – all of which are dangerous behind the wheel. The consequences of a conviction can be severe, including fines, license suspension, potential jail time, and a lasting criminal record that impacts employment, insurance, and personal reputation.
Unlike alcohol, there isn't a universally accepted "per se" limit for most prescription drugs. This means that prosecutors must prove actual impairment in your driving ability due to the medication. This often relies on subjective observations by law enforcement, field sobriety tests, and, in some cases, evaluations by Drug Recognition Experts (DREs) or blood tests to confirm the drug's presence. However, the mere presence of a drug in your system isn't always enough to prove impairment, creating crucial defense opportunities.
Defending Against Prescription Drug DWI Accusations
If you are facing a DWI charge involving prescription drugs, you need a highly knowledgeable attorney who understands both criminal defense and the nuances of how medications affect the body. It is crucial to immediately secure legal representation to protect your rights and build a strong defense. At Kins Law Firm, we are dedicated to providing sophisticated and aggressive representation for individuals accused of impaired driving due to prescription medication.
Randall Kins established Kins Law Firm with an unwavering commitment to offering tenacious legal defense to those navigating the criminal justice system. We understand the unique challenges of prescription drug DWI cases. Our comprehensive defense strategy includes:
Proving Prescribed Use: Demonstrating that you were taking the medication as prescribed by a licensed medical professional, providing medical records and prescription details.
Challenging Impairment: Arguing that the medication did not actually impair your driving ability, or that any observed symptoms were due to other factors (e.g., medical conditions, fatigue, stress).
Scrutinizing Officer Observations: Questioning the reliability and accuracy of the arresting officer's subjective observations of impairment.
Contesting Field Sobriety Tests (FSTs): Challenging the administration of FSTs, as certain medications can affect balance or coordination in ways unrelated to intoxication.
Challenging Drug Recognition Expert (DRE) Evaluations: Meticulously reviewing the DRE's training, the specific steps of their evaluation, and the validity of their conclusions.
Analyzing Chemical Test Results: While blood or urine tests may show the presence of a drug, we can challenge whether the concentration detected was sufficient to cause impairment, or if there were issues with sample collection, handling, or lab analysis.
Expert Testimony: Engaging medical experts or pharmacologists to explain how a particular medication affects individuals and to counter the prosecution's claims of impairment.
Constitutional Violations: Identifying and challenging any violations of your rights during the traffic stop, investigation, or arrest.
Our goal is to challenge the evidence, expose weaknesses in the prosecution's case, and pursue every possible avenue to seek a dismissal, reduction of charges, or to minimize the severe penalties associated with a prescription drug DWI. We are committed to fighting tirelessly to protect your driving privileges, your freedom, and your future.
Do not face the complex consequences of a DWI involving prescription drugs alone. The time to secure expert legal representation is now. Call Kins Law Firm today to schedule a free, confidential consultation. We are here to provide the experienced and determined legal defense you need in this challenging situation.