Prescription Drug DUI in Georgia
Prescription drugs are often taken to alleviate pain, enable sleep, relieve anxiety, and more. However, some of these medications have a wide range of physical and psychoactive side effects similar to alcohol consumption, and that could affect driving in some people.
Penalties
If you are on prescription medications that affect your ability to drive, an officer may arrest you for an offense known as prescription drug DUI. The penalties for a conviction of a prescription drug DUI are the same as a DUI, less safe Drugs, from a state perspective. However, the repercussions to your license for a prescription drug DUI can be more severe than a DUI, alcohol charge.
According to Georgia Code O.C.G.A. 40-6-391 (a)(2) (2010): A person shall not drive or be in actual physical control of any moving vehicle while under the influence of any drug to the extent that it is less safe for the person to drive. Thus, to secure a conviction in court, the prosecutor doesn’t need to prove that there was a specific amount of the drug in your system—only that the presence of that drug caused you to drive less safe.
Prosecutors often use a DRE, which stands for Drug Recognition Expert. These are officers that have undergone specialized training in detecting the impairment caused by Drugs. To fight these types of cases you need a lawyer that has learned the procedures that DREs use. Not every DUI attorney has taken the time to gain the knowledge and experience to fight these types of cases.
Defenses
When it comes to prescription drugs, the prosecution must accurately show that the legal medication you were taking rendered you “incapable of driving safely.” The vagueness of this argument can also work toward your defense because, ultimately, the question of whether you were driving “less safe” is based mainly on the arresting officer’s opinion, which may be incorrect.
Issues to address in your defense might include: whether the doctor who prescribed the drug believes the dosage could cause impairment; whether you were properly advised about the dangers of impairment; and how much time passed since your previous dose before getting behind the wheel.
Talk to an Attorney
If you’ve been arrested for a DUI related to prescription drugs, you need a knowledgeable Savannah DUI lawyer. Contact me online or call 912-656-5996 to schedule a free consultation at my Savannah law firm. Office hours are Monday through Friday, 8 a.m. to 4 p.m., with weekend appointments and jail visits available upon request.
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