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You know that drinking and driving don’t mix. But did you know that driving while taking prescription medications can be just as dangerous, even if your doctor legally prescribed those drugs? Not only is driving under the influence (DUI) of certain medications dangerous, it’s also illegal under Alabama law.
If you have been accused of driving while impaired by prescription drugs, you may face serious criminal charges that could affect you for the rest of your life. A knowledgeable Phenix City prescription drugs DUI lawyer at Bence Law Firm can help you investigate the charges and establish a sound legal defense strategy. Contact our seasoned DUI attorneys today for a free case review.
Like every other state, Alabama has “per se” DUI laws that prohibit people from driving when they have certain levels of alcohol or other intoxicants in their system. However, per se DUI laws usually only provide maximum blood concentration levels for alcohol and common illegal drugs such as marijuana, cocaine, and methamphetamine.
Because alcohol affects everyone differently and perfectly legal substances can intoxicate people, there is another type of DUI charge in Alabama known as an “impairment DUI.” Instead of measuring the concentration of intoxicating substances in someone’s body, impairment DUIs are based on how a substance affects a driver, regardless of the type or amount of the substance.
Since impairment DUIs are not based on any blood or breath test results, law enforcement officers typically perform field sobriety tests to determine whether drivers are intoxicated. You can be charged with an impairment DUI if an officer decides that you seem impaired by drugs, alcohol, or any combination of substances to the point that you cannot drive safely. A legal prescription for the intoxicating substance is not a valid legal defense for an impairment DUI. A Phenix City prescription drugs DUI attorney could investigate the circumstances of a situation to determine if law enforcement followed the proper legal protocol when making an arrest. If any laws were violated, all charges could be dropped.
It’s important to note that you do not need to be operating a moving vehicle to be charged with an impairment DUI in Alabama. According to state law, officers only need to prove that you are in “actual physical control” of a vehicle to issue DUI citations. To be in actual physical control of a car, you must have the exclusive ability to operate, move, park, or direct the use or non-use of the vehicle.
According to the Food and Drug Administration (FDA), most prescription medications do not impact your ability to drive safely. However, some common prescription and over-the-counter (OTC) drugs can have dangerous side effects, such as:
A AAA survey detailed some of the most alarming risks associated with driving while taking prescription medications. According to their findings:
If you are convicted of a medication-based DWI in Alabama, you could face the following legal consequences:
A prescription drugs DUI lawyer in Phenix City can review your case to create a compelling defense to the judge and jury in the hopes of getting lessened or completely dropped charges.
There are several steps you can take to reduce your risk of impaired driving if you take prescription or OTC drugs:
In Alabama, driving under the influence of prescription drugs is a serious offense. If you were charged with medication-based DUI, you should immediately get advice from an experienced DUI/DWI attorney.
At Bence Law Firm, we’ll investigate your case to uncover valuable evidence about the nature of the traffic stop, the officers who cited you, and medical records related to your prescription. Depending on the circumstances of your case, your charges could be reduced or dismissed altogether.
Let us protect your future and your reputation. Call or contact us today to speak with a dedicated Phenix City prescription drugs DUI lawyer.