New Canaan Prescription Drug DUI Lawyer
Police can arrest and charge any driver with a DUI as long as they think the person is under the influence of drugs, or that their ability to drive is impaired by drugs. To hold up in court, the prosecution must prove that the person was operating the motor vehicle and that they were under the influence or impaired by drugs.
Many people believe they can only get a DUI from alcohol or illegal drug impairment, but this is false. If you were charged with a DUI, you should contact a top New Canaan prescription drug DUI lawyer to discuss your case. The best CT drug DUI lawyers know how to analyze a case and build an optimum defense.
Prescription Drugs Commonly Seen in DUI Cases
Painkillers (narcotics) like Oxycontin and Oxycodone; and Xanax (sedative drugs) are commonly seen in prescription drug cases. These types of drugs are prone to causing individuals to be impaired and therefore, they should not operate a vehicle after taking one.
Someone can still be charged with a DUI if they did not realize a drug would cause impairment. However, jurors might feel bad for the person, or they might feel that the person really was not so impaired to make it illegal. Someone can still be found not guilty at a trial. For pre-trial matters, it is helpful for the defense attorney to be able to show or prove to the prosecutor that the person was not purposely driving impaired and that they honestly did not realize what the effects would be. That could be used as a leverage point when trying to work out a resolution pre-trial.
It can be a helpful negotiation plan for taking medication, but at the end of the day, unfortunately, it is still illegal, regardless of whether the individual relies on it or not. In fact, the law in Connecticut actually states that a person should find alternate means of transportation if they need to take a certain medication and cannot drive on their own.
Penalties for Prescription Drug DUI’s in CT
The penalties are actually the same as regular DUIs. If the charged person is not eligible for the Pre-Trial Alcohol Education Program and it is their first misdemeanor conviction, they can face up to 6 months in jail, up to 2 years of probation, and a fine of $500 to $1,000 for the first offense.
What if Someone Does Not Have a Valid Prescription?
If there was no valid prescription for the drugs, the prosecutor and the judge might be looking for a harsher punishment. If the accused individual had pills on their person when arrested, they could also be charged with possession of narcotics or possession of any other controlled substance.
Drug Recognition Experts
If any of the police officers in New Canaan are trained in drug recognition (earning the title of Drug Recognition Evaluator or “DRE”), they would be able to educate the jury as to what signs and clues they were picking up on and what those mean and how they relate to whether the person is impaired. Similarly, the defense will obtain all detailed reports or videos of the defendant and they can hire their own expert in drug recognition to evaluate the case and testify to counter what the state expert is saying. A top New Canaan prescription drug DUI lawyer will also challenge the DRE’s opinions, and perhaps counter them with the testimony of a medical professional.
Importance of Hiring a Lawyer
Many people think that because they have a valid legal prescription for the drug that it excuses them from a DUI charge; merely explaining that to the prosecutor will make the charge go away. In reality, speaking with the prosecutor can result in further incriminating oneself. Talking to the prosecutor actually makes the state’s case a whole lot stronger and the defense much weaker. Therefore, it is important to have an experienced New Canaan prescription drug DUI lawyer right from the beginning to speak for the charged person. The best CT defense attorneys have the knowledge and understand the strategy to get the best deal possible.
Importance of Providing Attorney with Prescription and Medical Information
It is important, especially in pre-trial matters, to provide a defense attorney with all available prescription and medical information. Even if the drugs that led to your DUI arrest were prescribed, you could be convicted. Contact a New Canaan prescription drug DUI lawyer today to start building the optimum defense.