Proving Prescription Drug Impairment in a DUI Case

Some prescription drugs can cause impairment and affect your driving ability. Unfortunately, this might lead to an arrest and prosecution for DUI, which often comes with severe punishment. However, the police should only arrest you after confirming that the drug content in your blood is above the legal limit. But, owing to the difficulty in determining impairment for prescription drugs, the police might arrest you without conducting a comprehensive test. This article highlights how the police prove prescription drug impairment and how hiring a DUI attorney is crucial in contesting such an arrest.

How to Conduct the Tests

Essentially, the police should determine impairment using the right procedures and equipment. That includes conducting sobriety tests to prove that a driver is incapable of driving. The officers sometimes enlist the services of drug recognition experts to identify the substance behind the intoxication and its level in the suspect's blood. In that regard, they will extract a sample from the suspect, analyze test results and create a report. In addition, they will indicate whether the driver had both drugs and alcohol in their system and the resulting level of impairment. This information enables the police to arrest and prosecute the suspect.

But sometimes, police do not use the right appliances and testing strategies. Besides, they may not know how to conduct these tests. Because of this, their results provide inaccurate information. So if you doubt the outcome of a sobriety test, contact a DUI lawyer immediately after your arrest. First, they will find out how the police conducted the tests to know whether they followed the right procedures. In that regard, they may suggest private examinations to prove that the police test results were faulty.

Defenses for This Offence

It is usually challenging to determine impairment by just blood tests or other examinations the police might conduct. So it's not unlikely that law enforcement will have insufficient evidence against you. That makes it easy for your lawyer to request the dismissal of your claim for lack of enough evidence. In addition, they can challenge the drug experts' reports if they discover errors that might make you appear guilty. These arguments might convince the judge to throw out your case or offer you a lenient judgment.

If the police wrongfully arrest you for DUI due to prescription drugs, contact a DUI lawyer immediately. They will ensure that the police follow all the rules when arresting you and conducting sobriety tests. Your legal advisor will then develop a defense strategy to fight your charges.


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