When people hear that someone was arrested for a DUI, they automatically assume that this means that they were driving while they were drunk. Although this might be the most common cause of a DUI arrest, the actual term is driving under the influence, and it is not limited to alcohol. Many people are arrested for a DUI or a DWI each year because they were driving while they were under the influence of a narcotic or a prescription drug. Therefore, it is important for you to fully understand the impact that your medication can have on you before you get behind the wheel.
What if I have a Legal Prescription?
Many people assume that having a prescription makes it okay to operate a vehicle after taking medication. Unfortunately, your prescription is not going to offer you any legal protection if you are arrested for a DUI. The most important thing to know about any prescription drugs that you are taking is whether or not they cause drowsiness. In many cases, a medication that causes drowsiness can make a driver appear to be intoxicated. This problem can be exacerbated if you happen to mix two different medications together. For example, if you are taking a medication for your nerves that causes drowsiness and then you also take NyQuil for a cold, you are basically setting yourself up to be too tired to drive or speak in a coherent manner.
Can My Doctor Get My DUI Waived?
No matter what reason your doctor had for giving you a specific prescription, they will not be able to offer you any legal protection from a DUI conviction. In fact, your doctor and the pharmacy will be protected due to the warning label that is on your medication. As long as the label indicates that the medication can cause drowsiness or any type of altered behavior, you will most likely not be able to assign any legal responsibility for your issue to anyone but yourself. This is why it is imperative to always read the warning labels on your medication and to take the proper steps to avoid mixing medications that could have an adverse reaction to each other.
What Actions Will Cause a DUI Arrest?
Simply being drowsy is not enough for an officer to arrest you, but some of the side effects that accompany drowsiness will be. For example, if you are pulled over while driving in Orlando, Florida and your speech is slurred, you are definitely going to deal with legal issues. Other things that an officer will look for include delayed reactions, bloodshot eyes and the inability to pass a field sobriety test. It is also important to note that some medications can cause you to fail a breathalyzer test. However, even if you pass a breathalyzer test, you can still be arrested if you appear to be under the influence of something. If you find yourself in this situation, there are many Orlando DUI lawyers in the area.
In addition to prescription medication, some over the counter drugs can also cause you a lot of issues while driving. NyQuil is a prime example because it contains some alcohol, and it will cause you to become very drowsy. Taking any type of sleeping pill before you begin driving is also a very bad idea that could lead to an accident and even a DUI arrest.
Freelance author Anthony Joseph writes on many different legal subjects, and contributes this article toward raising DUI awareness. The Orlando DUI lawyers at the law firm of Katz & Phillips know the drunk driving laws better than anyone. If you’ve recently received a DUI charge, contact one of their attorneys for a consultation regarding your case.
It is never a good decision to drink and drive, but those individuals that do should always know beforehand what they will do when they are caught. Individual logic can differ depending on the level of the impaired driving charge. All states now have a tiered statute and they employ comprehensive punishments associated with this criminal behavior. Legislatures and prosecutors take this very seriously. The personal protocol stems from the severity of the charge.
The First and Second DUI
All states have enhanced their impaired driving laws in the past ten years. Most of the prosecution changes address multiple offenders. A first driving-under-the-influence charge normally carries no jail time with a fine in the $500 range. One problem with an initial charge is that starts the time period in which an offender can receive an enhanced charge for any subsequent impaired driving charges. The time frame for most states is five to seven years.
It is important to remember that the state cannot use field sobriety tests or field breath analysis to establish probable cause. However, the results of field sobriety tests can be used as reasonable suspicion and the driver can be apprehended and taken to an official blood alcohol level measuring device. Refusal to take a test can result in an additional driving privilege suspension of at least one year. Refusing the test becomes an additional charge. Driving privilege suspensions for a first DUI are normally 30 days. A second charge usually receives a one-year suspension of privileges. If the defendant chooses to take either case to trial, then refusing the test may be an effective strategy, but there can be consequences.
Multiple Offenders
A Merced DUI lawyer points out that as individuals move up the scale of enhanced charges, the possibility of being indicted for a felony can occur. In most states takes effect on the fourth driving-under-the-influence charge. The primary evidence in these cases is the blood alcohol level determination. Driving privileges are often suspended for five years. Refusing the test can enhance the charges of any case, but the absence of the documentation may also be the defending attorney’s best bargaining chip.
Anyone arrested on a multiple offenders charge should not offer any information when being questioned. The best plan is to have an experienced DUI attorney that can accept the case immediately. Once the attorney indicates he will be counsel, the questioning stops and all communication with the court is filed with the attorney. Calling an attorney immediately can also be an advantage for setting bail and determining the appropriate prosecution assessment. Cases that will go to the grand jury for indictment will take much longer to adjudicate, and the prosecution will know that the defendant is serious about fighting the case.
Always keep in mind that states have set strict minimums for impaired driving charges in order to keep the court from plea bargaining cases at their own will. This is a very serious issue for legislatures in each state. The most important component of enhanced charges is that the prosecution is not just entitled to a conviction. Many impaired driving offenders are on the borderline with their blood alcohol content level. The intoxication level to be presumed impaired is .08 for all classifications of charges. Incarceration periods for felony DUI charges range from one to five years in a state facility and suspension times begin from the day of the conviction, so a prison sentence could last longer than the driving privilege suspension.
Anthony Joseph is a writer and editor who contributes this article for DUI defense awareness. Merced DUI lawyer, Terry Wapner has practiced law for 25 years and is a member of both the National College of DUI Defense and the California DUI Lawyers Association. Attorney Wapner can defend your DUI charges in the King, Merced, Stanislaus, Madera or Tulare County areas of California.
