Source : teachingconference.com
By : National Education News
Category : Matthews Bark
Posted By : Contact the Attorney General
Joe is looking for a DUI attorney that really knows the ins and outs for a DUI when a prescription drug is involved. A doctor has prescribed Joe an antidepressant. He only took one early in the morning on the day he was pulled over for a DUI. But he was pulled over, well into the evening. Joe let the officer know about his prescription and the officer was convinced he was under the influence of alcohol and “something else.” Joe’s breathalyzer was below the legal limit, and he insisted on a blood test for drugs and alcohol. What DUI lawyers will take his case?
Any savvy and experienced San Bernardino DUI attorney should be well versed on the case law and defense options for DUI arrests that involve driving under the influence of a prescription drug. At the Law Offices of Richard McGuire they have spent several years working cases that involve prescription drugs. California Vehicle Code states that if you are under the influence of any drug, whether it is prescribed by a doctor or not, you can be charged with a DUI. However, there are many procedural and preservations issues with the blood tests that are used. Those issues coupled with that fact that there are some drugs that many have deemed difficult to gauge the actual intoxication level make it tough for the prosection on many DUI cases involving prescription drugs. There are also many prescription drugs and medical conditions that can give false reads on breathalyzer and blood tests for alcohol. All of these weaknesses create a lot of opportunities to build a defense, but make sure you choose DUI lawyers who know the law and the courts in the county where you were arrested.