Can You Be Charged With DUI For Driving Under The Influence Of Prescription Drugs In Georgia?
DUI charges are typically associated with alcohol consumption, but what many people may not realize is that you can also be charged with DUI for driving under the influence of prescription drugs in Georgia. This blog post will delve into the specifics of Georgia’s DUI laws as they pertain to prescription medication, how these cases are handled in the legal system, and what you can do to protect yourself from wrongful DUI charges.
It’s crucial for individuals who are prescribed controlled substances to understand the potential legal ramifications they may face and their rights under the law. If you are facing DUI charges for driving under the influence of prescription drugs, contact Hawkins Spizman Trial Lawyers. Our Dekalb County DUI lawyers represent individuals arrested for DUI or other criminal charges in Georgia.
Georgia’s DUI Laws and Prescription Drugs
In Georgia, DUI laws are not limited to alcohol impairment. Driving under the influence of any drug (including prescription medications) that impairs your ability to safely operate a vehicle can result in a DUI charge.
One key component of Georgia’s DUI laws is whether the substance impairs your sufficient mental or physical capacity to safely drive. Specifically, Georgia Code § 40-6-391 makes it a DUI to drive under the influence of any drug, including prescription medication, to the extent that it makes it “less safe for the person to drive.”
This means that even if you have a valid prescription for a medication, you can still be charged with a DUI if it’s determined that the drug impairs your ability to drive.
How Prescription Drug DUI Cases Are Handled in Court
Prescription drug DUI cases can be particularly challenging in court, as proving impairment is often more subjective than in cases involving alcohol. Blood tests can be sufficient to prove that a driver was using prescription medication. However, how the courts determine whether the drug has actually impaired a person’s mental or physical capacity may vary on a case-by-case basis. Experts, such as toxicologists or pharmacologists, may be called upon to testify about the drug’s effects and the driver’s level of impairment.
Defending Against DUI Charges When Taking Prescription Medications
If you’ve been charged with a DUI for driving under the influence of prescription drugs, it’s essential to consult with an attorney who specializes in DUI defense. A knowledgeable attorney can help you navigate the complex nuances of Georgia’s DUI laws and work on building a solid defense. Some potential defenses in prescription drug DUI cases include:
- Proving that you were taking the medication as prescribed and were not abusing it;
- Demonstrating that the drug wasn’t the cause of your impairment or that you did not know the medication would affect your ability to drive; and
- Challenging the credibility of the expert witnesses called by the prosecution.
Reach out to Hawkins Spizman Trial Lawyers to get knowledgeable assistance and guidance from our DUI defense lawyers.
Protecting Yourself from Wrongful DUI Charges
To avoid wrongful DUI charges related to prescription medications, it’s essential to talk to your doctor about the potential side effects, specifically how they may affect your ability to drive. If your medication could impair your driving, consider finding alternative transportation or adjusting the timing of your dosage accordingly. It’s also important to always carry your prescription documentation with you in case you are stopped by law enforcement.
Facing DUI Charges? Hawkins Spizman Trial Lawyers Can Help
While most people associate DUI charges with alcohol consumption, it’s crucial to be aware that you can also face charges for driving under the influence of prescription drugs in Georgia. If you find yourself facing DUI charges related to prescription drugs, contact Hawkins Spizman Trial Lawyers. Our lawyers can help you navigate the complex legal process and protect your rights. We handle DUI cases throughout the state of Georgia, including Dekalb County, Dunwoody, Johns Creek, Fulton County, Atlanta, Sandy Springs, Gwinnett County, Alpharetta, and Cobb County. Get a free case evaluation by calling 770-685-6400.