Many individuals understand that driving while impaired by alcohol is illegal in Georgia; however, many may be unaware of how these same laws apply to prescription medication use and can lead to devastating legal ramifications.

These cases are complex as there is no set BAC limit that police can use to assess impairment. Our attorneys know how to challenge assumptions and judgment calls made by officers when fighting these types of charges.

How It Happens

Most people understand that driving under the influence of alcohol is illegal, yet many don’t realize prescription drug impairment can also result in DUI charges in Georgia. Georgia takes DUI drug offenses seriously and conviction may incur severe penalties such as jail time, fines, community service hours and mandatory drug use assessments and classes.

Police officers are actively on the lookout for drivers who might be on prescription drugs that impair their ability to drive, such as OxyContin and Demerol pain medications, benzodiazepine drugs like Xanax, Ativan or Klonopin, or muscle relaxants like Cyclobenzaprine or Carisoprodol that impair driving abilities. Because their effects differ between individuals it can be hard for law enforcement officers to assess impairment. Likewise many of the field sobriety tests used as evidence in cases involving prescription drug DUI; an experienced criminal defense lawyer could help raise these challenges and potentially get charges dismissed against you.

Why You Could Be Arrested

Taken medications which cause side effects such as drowsiness or slow response times put yourself and other drivers at risk, even with a valid prescription. Being arrested and convicted could still occur depending on how the medication impacts your ability to drive safely.

Police officers have become more sensitive to how certain medications can impact driving, and may inquire as to whether you’re taking any. When they hear that you’re using painkillers or muscle relaxants, they will assume you’re impaired and likely charge you with DUI.

Officers rely heavily on field sobriety tests in prescription medication DUI cases, including horizontal gaze nystagmus test and Romberg balance scale evaluations. A good attorney should be able to challenge their use and show how unreliable they are.

What the Penalties Are

Many people believe that DUI cases only involve alcohol or illegal substances; however, this isn’t always the case. You could also be charged with DUI for taking prescription medication that interferes with your ability to drive safely – police officers often target these cases in an effort to curb their misuse and abuse of legal prescriptions.

Dependent upon your state and the details of your case, penalties for DUI could range from jail time, fines, clinical evaluations, possible drug addiction treatments, community service obligations, driver’s license suspension and increased insurance rates. Our DUI lawyers specialize in representing defendants involved with prescription medications in DUI cases and can help construct an effective defense strategy on your behalf.

At Atlanta Municipal Court, a judge may ask whether you want to waive formal arraignment upon your charges. While this question doesn’t affect how your case progresses directly, it allows the Judge to ensure you have retained an attorney and filed an entry of appearance with them.

What You Can Do

Drivers may be shocked to learn that even medical prescriptions that impair driving can result in being arrested for DUI. To protect yourself from this potential risk, discuss with your physician any concerns you have about how it could impact driving ability and carry all prescription documents with you at all times.

A conviction for prescription drug DUI can have the same repercussions as alcohol-related DUI, including loss of driving privileges, jail time, fines, community service hours and drug use assessments and educational programs. Since such cases rely heavily on assumptions made by officers who may not be well trained in how to identify impairment, an effective defense will challenge such assumptions while keeping focus on facts of your individual case.

James Yeargan DUI lawyer understands how best to approach these cases and question expert witnesses effectively. Get in touch with us now for a free consultation!