Colonial Heights Prescription Drug DUI Lawyer
A prescription drug is any drug that is legal to possess with a valid prescription. A prescription drug will also be under a Schedule I or Schedule II substance. The main difference between a prescription drug and any other Schedule I or Schedule II substance is that the street narcotic is never going to be legally possessed, while a prescription drug, in certain situations, can be legally possessed. The most common prescription drugs linked to DUI cases in Colonial Heights are Xanax, Percocet, and codeine. If you have been arrested for driving under the influence of a prescription drug, contact a DUI drug attorney right away. A Colonial Heights prescription drug DUI lawyer could fight for you throughout the legal process.
Proving Prescription Drug DUI Cases
The elements of proving a prescription drug DUI case are the exact same as those of a standard DUI involving alcohol. This means that the state must prove that the defendant was operating the motor vehicle while under the influence. The difference between the two cases is going to be the substance that the person ingested that ultimately leads to the intoxication. There are different devices that the commonwealth can use to show intoxication including the Intoxilyzer 2000, preliminary breath test, a field sobriety test, and more.
When it comes to prescription drug DUI cases, there will not be a breath test or an Intoxilyzer being used to detect if the individual is under the influence. In drug DUI cases, the testing law enforcement is going to have is the field sobriety test and/or the blood tests. The blood test is extremely important because the field sobriety test is only designed to show intoxication. Even if the individual’s actions seem to show intoxication, if the prosecution cannot prove what the intoxicant is, the defendant cannot be found guilty of a DUI. This is why it is important for defendants to contact a Colonial Heights prescription drug DUI lawyer when facing charges. An accomplished attorney will know which arguments to raise against the state.
Penalties for Prescription Drug DUI Charges
The penalties for prescription drug DUI charges are the same as for alcohol-related DUI offenses. For a first-time offense, it is a Class 1 misdemeanor and carries maximum penalties of 12 months in jail and a $2,500 fine. Other penalties for prescription drug DUI charges include a driver’s license suspension. After six months, the individual may be able to obtain a restricted license with an ignition interlock device in their car.
With a second offense within five years, the defendant is looking at a maximum penalty of 12 months in jail and a fine of $2,500. Also, they may face 20 days of mandatory jail time and a loss of their license for three years. They may apply for a restricted license after a year. After a third offense, the defendant is going to be looking at a Class 6 felony charge, which carries the penalties of up to 10 years in jail and a fine of up to $2,500. They will also lose their license indefinitely and will not be able to apply for a restricted license.
Work With a Colonial Heights Prescription Drug DUI Attorney
A Colonial Heights prescription drug DUI lawyer has experience handling these types of cases and could advocate on your behalf throughout the case. A local attorney is also familiar with the judges and prosecutors in the area and will know which types of defense strategies may be applicable. Do not face these charges alone. Call today to schedule a consultation.
