Posted by duijim in on February 6, 2025
An AOD DUI conviction involving prescribed medication can have severe repercussions, including fines, license suspension or revocation, mandatory drug abuse treatment programs and possible jail time.
Atlanta DUI lawyers can be invaluable allies in crafting an effective defense for DUI charges. Our legal professionals have experience challenging both police’s reasons for stopping your vehicle as well as test results to achieve results that stand up in court.
1. Focus on the Officer’s Mistakes
An experienced Atlanta prescription drug DUI lawyer can build a compelling defense to challenge assumptions of impairment and ensure a fair legal process in cases involving medication that was legally prescribed to their driver. This is especially crucial in cases involving prescription medication used illegally on drivers.
Instead of measuring alcohol through breath or blood tests, drugs and medications require law enforcement officers to make an observation and judgment call about a driver’s driving safety based on observations made. Unfortunately, this process can be subjective and there can be many ways that officers misjudge drivers.
Some police officers have received training as “drug recognition experts,” meaning they received specialization in recognizing the behavioral and physical manifestations of certain non-prescription and prescription drugs that tend to make drivers less safe while behind the wheel. Unfortunately, this training does not cover all drugs or medications.
Many DUI investigations and arrests begin when an officer stops a vehicle for violating traffic regulations or acting suspiciously, such as speeding. Our lawyers can challenge the validity of such traffic stops, successfully arguing there is no probable cause to arrest their clients.
If the officer suspects you of being under the influence of prescription medication, they may request a blood test in order to assess its presence in your system. Unfortunately, certain drugs can remain present even days after you’ve stopped taking them – we can challenge the blood testing procedures and equipment and raise questions regarding its accuracy.
2. Challenge the Test Results
DUI laws stipulate that any prescription medication which impairs your ability to drive safely may result in charges for DUI; however, you have several ways in which this charge can be challenged. First and foremost, hiring an Atlanta DUI attorney who possesses in-depth knowledge of Georgia criminal court system will assist with fighting your charges throughout all legal processes including arraignments, pretrial hearings, and trial (if necessary).
Chemical tests cannot always be relied on, since the body breaks down medications differently from alcohol and they may produce side effects like drowsiness or imbalance that appear as signs of impairment. Your DUI lawyer can challenge these tests by investigating their conditions of administration and consulting experts on questioning their accuracy.
Refusing to submit to a breath, blood or urine test can weaken the state’s case; however, this only applies if police followed proper protocol in setting up and conducting the roadblock. Your attorney should review both the police report and any video footage to assess this.
If the officer violated your right to an independent test, this could lead to dismissal of your case. Your DUI lawyer can investigate if testing was performed outside of the three-hour window set by statute and whether there were any mistakes with its administration.
3. Focus on the Driver’s Ability to Drive Safely
An experienced DUI lawyer can employ various strategies when defending a prescription drug DUI case, including challenging the test results and asserting that legally prescribed medicines did not render you less safe to drive, while bringing in experts to refute prosecution allegations that your abilities have been impaired due to them.
An experienced Atlanta DUI attorney can also challenge the officer’s observations during a traffic stop. For example, if an officer claims you were weaving in and out of lanes or following too closely, it is crucial to point out that those actions don’t indicate driving while under the influence; they could instead indicate illegal traffic violations such as tailgating or speeding.
At our firm, we can challenge the accuracy of field sobriety tests by investigating if an officer administered them correctly and evaluating their reliability and validity. Body cam footage and expert testimony help demonstrate that their interpretation was incorrect and you were not impaired at the time of traffic stop.
An arrest for DUI involving prescription medications in Georgia can have serious repercussions, such as suspension of your driver’s license, jail time, fines and community service obligations as well as mandatory attendance at alcohol and drug treatment programs and criminal record marking. You need an experienced DUI defense lawyer on your side who will protect your rights and fight to secure your future – contact us now to arrange a no-committal consultation session today.
4. Challenge the Prosecution’s Theory of Impairment
Many are shocked to discover they can be arrested for DUI with prescription medication. A strong defense can challenge assumptions of impairment and focus on the facts of your case, which our Atlanta prescription drug DUI lawyers specialize in defending drivers in such circumstances. Let them help you fight for a better result today!
Our attorneys can also argue that the police did not have justification to pull you over in the first place. According to law, police must have reasonable suspicion before stopping your vehicle – this may include traffic violations or suspicious driving behavior observed from behind or an anonymous tip from someone who noticed you swerve – however our firm can successfully challenge the validity of such allegations.
We can challenge the accuracy of an officer’s field sobriety tests, such as Horizontal Gaze Nystagmus (eye test), Walk and Turn and One Leg Stand tests. Proper administration requires significant training and knowledge; our lawyers use body cam footage, witness testimony and expert analysis as evidence against them to prove that their observations were flawed.
We can provide evidence that the amount of medication in your system was within therapeutic levels and unlikely to impair your driving. It is crucial that you discuss all medications with your physician as well as being mindful of any possible side effects or potential dangers.