Some people mistakenly believe that they can only be charged with DUI if they consume alcohol or illegal drugs and drive. However, this isn’t true. You might also be arrested for DUI if you drive while taking prescription drugs. If this happens, our experienced Virginia DUI lawyers at the Wilson Law Firm will use our considerable defense strategies to produce better results in your case.
DUI Charges for Prescription Medications in Virginia
In our state, a first offense DUI is a Class 1 misdemeanor. You could be charged with DUI for prescription drug use under Virginia Code § 18.2-266 for the following actions:
- Driving while under the influence of a self-administered intoxicant or narcotic drug, or a combination of them, that impairs your ability to operate a vehicle safely.
- Driving while under a combination of alcohol and drugs which reduces your ability to operate a vehicle safely.
The law provides no exception if you are taking a prescription medication prescribed by your physician—it applies to “drugs of whatsoever nature”. You can also be convicted even if you didn’t realize your medications caused you to be impaired.
If convicted, the punishments can include a one-year jail sentence, a fine of up to $2,500, and suspension of your driver’s license. In addition, you’ll have a permanent criminal record.
Defense Strategies Our DUI Lawyers Can Use to Defend You
Our skilled criminal legal team knows you could have solid DUI defenses to the charges you face—even if you believe you’re guilty of prescription medication DUI. Here are some strategies we may employ:
- Invalid stop. Law enforcement must have reasonable suspicion you were violating laws—such as speeding, weaving between lanes, or not using a turn signal—to stop you in the first place. If the traffic stop is illegal, the police cannot use any evidence collected there against you, which could mean they don’t have a case.
- Violation of your constitutional rights. This might apply if officers continued to question you after you exercised your right to remain silent or told them you wanted an attorney, or they illegally searched your car without a warrant. If so, we may be able to get the evidence they obtained suppressed, significantly weakening the criminal case against you.
- Test results challenges. We may be able to challenge field sobriety and blood test results if they weren’t administered properly—which is frequently the case.
- Prescription drug challenges. Our DUI lawyers carefully analyze the test results to determine what substances you ingested, how they metabolized, and how impaired you were to raise questions about the prosecutor’s ability to prove their case beyond a reasonable doubt. We’ll also hire an expert witness to help us with this analysis if necessary.