Building a Colonial Heights Prescription Drug DUI Defense
Prescription drug DUI cases are taken seriously and prosecutors work tirelessly to convict defendants. This is why it is essential for defendants to seek the services of an accomplished lawyer who is experienced in building a Colonial Heights prescription drug DUI defense. If you are facing drug DUI charges, reach out to a qualified prescription drug DUI attorney. Let a lawyer advocate on your behalf throughout the legal process.
Aware of Impairment Impact on Case
Whether a person was aware that they were impaired does not affect the case. As far as guilt or innocence is concerned, a person is responsible for what they put in their body and how their body is going to be affected by what they put in their body. If the substances have an awkward effect on someone, then it is their responsibility to know that prior to operating a motor vehicle. However, not knowing the impact the prescribed drug has on a defendant’s body could help negotiations with the Commonwealth. It is important to remember that as far as the law is concerned, being unaware of a person’s own intoxication is not an excuse.
Aggravating Factors
A person could face aggravating factors for a prescription drug DUI if they do not have a prescription for that drug and they have that drug on their person or in their vehicle. For instance, if the DUI is due to Xanax, the individual is only going to be charged with a DUI based on the presence of Xanax in their body. However, if law enforcement finds the Xanax in the person’s system and then they find a loose pill in their vehicle and the person does not have a prescription for it, then they can be charged with a DUI and simple possession of a Schedule I or Schedule II substance. The DUI would still be a Class 1 misdemeanor, while the possession charge is a Class 5 felony. If an individual is facing aggravating factors, contact a criminal attorney who is capable of building a Colonial Heights prescription drug DUI defense.
Information Needed to Prepare a Defense
When building a Colonial Heights prescription drug DUI defense, it is important for a lawyer to know what happened with the defendant’s interaction with the police. This includes how or why they were pulled over. It is also essential to know what led to the arrest. Was it a field sobriety test? Was it a conversation in which they told the police officer that they were driving under the influence of a drug?
A defense attorney will also need to know how the officers found out the substance in the defendant’s system. If it was a blood test, then the lawyer needs to know how it was performed. There are very strict rules surrounding the implementation of blood tests and the Commonwealth has the duty to make sure that the rules are followed or that blood test can be thrown out. Lawyers will also want to know about any prescriptions and any medication a defendant is using.
Importance of Contacting Prescription Drug DUI Attorney in Colonial Heights
Whenever a person is arrested for a drug DUI offense, they are dealing with police officers and/or prosecutors and those individuals are trained professionals whose entire criminal law existence is designed to secure convictions. Since officers and prosecutors are professionals, a defendant will want to have a legal professional on their side during the case. A lawyer who is experienced building a Colonial Heights prescription drug DUI defense could fight for you, give you advice, and keep your best interests in mind throughout the case.
