With prescription drug use increasing in popularity, there has been an uptick in drug-related DUIs in California and across the nation in the last decade. With that in mind, we wanted to discuss how driving under the influence of prescription drugs can lead to DUI charges in Orange County.
Let’s say that “John” was pulled over because an officer noticed that he swerved his vehicle. When the officer approached John’s vehicle, John admitted to swerving because he had been sending a text message.
John didn’t receive a ticket for texting while driving. Instead, the officer asked John to submit to the field sobriety tests, which he did OK on. Still, the officer thought something was off and told John that his eyes looked strange.
John had taken 1mg of Xanax several hours before the stop; the drug was not prescribed and John took it for anxiety. John was arrested on suspicion of DUI and he submitted to a blood test. Now, John wants to know what grounds he has to fight his DUI charges.
Challenging a Prescription Drug DUI
Unlike driving under the influence of alcohol where there is a statutory limit of .08% blood alcohol concentration (BAC), that is not the case with controlled substances, such as Xanax or any other drug. Essentially, the facts of the case will determine the best defense strategy.
In John’s situation, his DUI arrest was based on the officer’s observation that his eyes looked strange. Under these circumstances, we would encourage John to hire an experienced DUI defense lawyer who could aggressively defend his case and request a dismissal.
If John was really texting, there should be a text message that corresponds with when John was swerving – that evidence would be of help. If the police did not bring in a DRE (Drug Recognition Expert), that would also be helpful.
When people are arrested for drug DUIs, they need a lawyer, such as Attorney Landry, a Board Certified expert in DUI defense, who has extensive experience defending drug-related DUIs.
If you are facing drug-related DUI charges, contact the Law Offices of Virginia L. Landry, Inc. for a free consultation – call now!