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DUI and Prescription Drugs Lawyer in Mercer
A report from the Center for Disease Control indicates that 44% of Americans take at least one prescription medication. What many people don’t realize is that the side effects of these prescriptions can often mimic the signs of alcohol intoxication. If a police officer pulls you over believing you are drunk, you could face serious legal consequences.
Side effects from prescription drugs that can resemble drunkenness include confusion, slowed reflexes, drowsiness, and dilated pupils. These symptoms can impair your ability to drive safely. An officer who stops you may arrest you if they suspect your behavior is due to prescription medication. A Mercer criminal lawyer can help you navigate this complex situation. Law enforcement officers are always on the lookout for impaired drivers to ensure public safety, and they will arrest anyone they believe is driving under the influence, regardless of the cause.
Chemical Testing and Implied Consent
If you are stopped on suspicion of driving while impaired in Pennsylvania, an officer may ask you to submit to a chemical test of your breath, blood, or urine. It’s important to know that these tests are not always perfect and could inaccurately indicate impairment.
While you have the right to refuse chemical testing, it is generally not advisable. Refusing a test results in an automatic license suspension by the Bureau of Motor Vehicles (BMV), known as an Administrative License Suspension (ALS). A first refusal can lead to a one-year suspension. Subsequent refusals typically add another year of suspension for each instance. A Mercer DUI lawyer can explain the specifics of your case.
Commonly Prescribed Drugs with Impairing Side Effects
Prescription medications are prescribed by doctors to treat various medical conditions or alleviate symptoms. Some of these drugs can cause drowsiness, slurred speech, and slow reflexes. Below is a list of medications that may have these effects:
- Methadone
- Demerol
- Klonopin
- Adderall
- Hydrocodone
- Xanax
- Ritalin
- Ambien
- Codeine
- Oxycodone
- Oxycontin
- Ativan
- Vicodin
- Valium
- Morphine
- Norco
- Percocet
- Lunesta
- Lortab
- Lorcet
These medications come with information from the pharmacy outlining potential side effects and advising against driving until you know how the drug affects you. Reading this information and following the warnings is always your best course of action. If you find yourself facing charges, consulting a Mercer DUI lawyer in Mercer is a critical step.
Penalties for a Prescription Drug DUI
In Pennsylvania, a DUI conviction resulting from prescription drug use carries the same penalties as one for driving under the influence of alcohol. The potential consequences include:
- Jail Time: From three days to six months.
- Fines: Between $370 and $1,075.
- License Suspension: Six months to three years, in addition to any ALS from your arrest.
- Limited Driving Privileges: A waiting period of 15 to 30 days before you may be eligible.
Given the severity of these penalties, seeking advice from a knowledgeable Mercer DUI lawyer in Mercer is essential to protect your rights.
Defenses Against Prescription Drug DUI Charges
Fortunately for drivers taking prescribed medications, Pennsylvania law provides specific defenses against DUI charges.
One possible defense is a lack of sufficient evidence. If there are no chemical test results, a prosecutor may not have enough evidence for a conviction, and a judge could dismiss the case. This might happen if the arresting officer did not administer a test or if you refused to submit to one.
Another powerful defense is available if you can demonstrate two key facts:
- The medication you took was legally prescribed to you by a licensed healthcare professional.
- You took the medication exactly as instructed by the prescriber or the pharmacy’s directions.
It is difficult for a prosecutor to argue that a validly prescribed and correctly used medication caused impairment sufficient for an DUI conviction. An experienced Mercer criminal lawyer can help build this defense.The Logue Law Group understands the complexities of how prescribed medications can lead to legal issues. Call us today at 412.389.0805 for assistance.