The short answer is: Yes. You can get a DUI on prescription medications. Under Georgia law, it is illegal to drive with prescription drugs in your system to the extent it is less safe for you to drive. What is less safe? Less safe is a legal term in this context, but it is essentially based on the cop’s opinion that you were too drugged to be driving at the time. Everything from driving behaviors to field sobriety tests to a blood test of what was in your system becomes relevant in a DUI drugs prosecution.
Because of the Equal Protection Clause in the Fourteenth Amendment of the United States Constitution, drug DUI laws cannot discriminate between people legally prescribed and illegally using drugs in DUI cases. In other words, if one person is entitled to smoke pot for medical reasons, while another is not, the DUI laws apply the same to both. Merely having pot in someone’s system does not make them automatically guilty of DUI.
When we defend DUI drugs cases, some of the first things we will discuss is what drugs may have been in your system, the frequency you take them, your dosage, how long you’ve taken them, and what you perceive your tolerance to be. Of course, tolerance is key in DUI drug defenses, since tolerance tends to numb- or minimize- the effects a drug has on someone.
In the event you have taken illegal drugs- that is drugs that are Schedule I, with no medically accepted use, then you actually must defend the charges differently. If no one can legally use a particular drug, then having any of the drug in your system is per se illegal. Meth would be a good example; no one can lawfully drive with meth in their blood.
If you have been charged with DUI drugs, give our office a call today to discuss how we can help. We approach every defense differently, and will listen to the facts and background of your case before deciding how to move forward. We can be reached at: 404 590 6642.