Can a Police Officer Issue a DUI for a Prescription Drug?
The short answer is yes.
In Missouri, the legal implications of driving under the influence are extreme. While normal DUI charges stem from drunk driving, it’s possible to be charged with a DUI after driving under the influence of your own prescription drugs. Missouri law currently has no exceptions when it comes to operating a vehicle while impaired from medication that was prescribed to you.Prescription drugs affect everyone differently and can cause impairment when it comes to operating a motor vehicle. If you’ve been prescribed any medication with the warning about operating heavy equipment or machinery, it’s imperative that you do not get behind the wheel of a car because it could change your life.
DUI Blood Test for Prescription Drugs: What You Need to Know
Law enforcement officers usually begin a DUI stop by asking if you’ve been drinking. While it’s not necessary for you to answer that, Missouri operates under an implied consent law, meaning that you agree to the rules of the road and may be required to take a breathalyzer. However, prescription medications do not appear on breathalyzer tests.
Law enforcement may request a blood draw in place of a breathalyzer, to prove that prescription drugs were in the driver's system at the time of the traffic stop. The blood tests will detect any trace of various substances including legal medications like opioids and benzodiazepines that may have been prescribed to you. With the help of an experienced Prescription drug DUI defense attorney, your charges could be reduced or even dropped.
What Happens If You Are Convicted of a First Offense DUI While Taking a Drug Prescribed by Your Doctor in Missouri?
Just like driving under the influence or alcohol, there are severe penalties for driving under the influence of prescription drugs. Penalties vary based on previous number of offenses but the basics look like this:
|
Offense |
Classification |
Sentence |
Fines |
|
First Offense |
Class B misdemeanor |
Punishable by 48 hours - 6 months in jail |
Fines ranging from $750 - $1,000 |
|
Second Offense |
Class A misdemeanor |
Punishable by 90 days - 1 year in jail |
Fines ranging from $1,250 -$1,750 |
|
Third Offense |
Class A misdemeanor or a felony* |
Punishable by 90 days - 1 year in jail |
Fines ranging from $1,750 - $2,500 |
*This is dependent on whether the prior DUIs took place within 10 years of each other.
Four or more prescription DUI charges can also be charged as felonies and tend to carry the same penalties as a third offense felony.
How to Fight a DUI Charge for Prescription Drugs
KC Defense is well versed in fighting prescription drug DUI charges. Our attorneys are prepared to challenge the evidence against you, including any field sobriety or blood draw tests. We understand the complexities that come with prescription drug charges and are prepared to defend you every step of the way.
Some of our defense strategies include challenging:
- Field Sobriety Tests: These tests are not always reliable, especially for individuals on prescription medication. Factors like fatigue, medical conditions, or anxiety can impact performance.
- Drug Testing Methods: Drug tests may not accurately detect certain medications, or results can be misinterpreted.
- Officer Observations: An officer's assessment of impairment is subjective and can be influenced by bias. We will meticulously examine the officer's report for inconsistencies or inaccuracies.
- Medical Testimony: We will work with your prescribing doctor or a qualified medical expert to provide crucial testimony. They can explain how your medication affects you and demonstrate that it does not impair your driving ability. This expert testimony can effectively counter the prosecution's claims.
- Proving Prescription Compliance: A strong defense often hinges on demonstrating that you were taking your medication as prescribed. We will gather evidence such as pharmacy records and doctor's notes to prove compliance and that your medication dosage was within therapeutic levels.
Why Hire a Kansas City Prescription Drug DUI Lawyer?
If you are facing a prescription drug DUI charge, don't hesitate to contact us. KC DUI & Defense are ready to fight for your rights and help you navigate the legal process.
Our attorneys possess in-depth knowledge of DUI laws and the complexities of prescription drug cases. We can provide expert legal guidance and develop a strong defense strategy tailored to your specific circumstances.
We understand that every case is unique. We will provide personalized attention to your case, ensuring that your individual needs and concerns are addressed.
Schedule a free consultation to discuss your case and learn how we can help you achieve the best possible outcome.
