Proving Fredericksburg Prescription Drug DUI Cases 

Many people do not realize that prescription medication can impair their ability to drive. Furthermore, people can be charged for prescription drug impairment, even if they have a legal prescription and right to possess the drug. In these cases, the prosecution has to prove that an individual was driving while impaired due to the prescription medication. If you want to know more about proving Fredericksburg prescription drug DUI cases, speak with a skilled prescription drug DUI lawyer that could answer your questions.

Being Charged with a Prescription Drug DUI

Before an officer can charge someone with a prescription drug DUI, they need probable cause or a warrant. There are certain cases that can be argued that the arresting officer did not have probable cause and the charges will be dismissed. An officer needs to make sure that the individual was driving, and that is usually an easy thing for an officer to prove because they have seen the person driving and pulled them over.

The next step is for the officer to evaluate the driving behavior and how somebody performs on the field sobriety test.  The test could help establish probable cause, which is determining factor as to whether a person gets arrested or not, and could bolster the prosecution’s argument when proving Fredericksburg prescription drug DUI cases.

Elements the Prosecution Must Prove

To be convicted of a DUI in Virginia, the prosecution must prove that an individual was driving and that their ability to drive was impaired by being intoxicated. There are three elements that are essential to proving Fredericksburg prescription drug DUI cases. First, the prosecution must prove that an individual was driving. Second, the prosecutor must prove that the defendant was intoxicated, and third, that they were so intoxicated that their ability to drive was impaired. A case involving prescription drugs does not involve showing a definite level of drugs in the system or involve showing a particular level of alcohol on a person’s breath. It involves only showing that the behavior of the person exhibited is consistent with someone who is intoxicated and is not consistent with someone who is sober.

Evidence the Prosecution Uses

Generally, in a prescription drug DUI case, the field sobriety test that a person takes and their behavior during the traffic stop will be the strongest evidence that the prosecutor has of their ability to drive. Someone who performs very well on field sobriety tests may be able to convince the officer that they are not under the influence. But, when officers conduct field sobriety tests, they are looking specifically for evidence that that person is intoxicated.

Involuntary Intoxication as a Prescription Drug DUI Defense

Someone who is charged with driving under the influence in Northern Virginia and is experiencing symptoms that they were unaware of and not used to sometimes will have a defense of being involuntarily intoxicated. If a person is able to show that they did not have reason to believe that they would experience any symptoms that would impair their ability to drive and they can present that evidence to the court, they are less likely to be found guilty of driving while impaired.

Consulting a Fredericksburg Prescription DUI Attorney

Even if somebody has a good understanding of the legal system and believes that they can address the charges they are facing on their own, they should seek an attorney as their first step. Having an experienced attorney to work on your behalf to deal with the government and to protect your rights is absolutely necessary in a case that involves criminal allegations. Due to the prosecution’s devotion to proving Fredericksburg prescription drug DUI cases, it is vital that you have an attorney that could advocate for you.

Many people believe that just because they have a prescription for the drugs they were one, that they can easily avoid conviction. However, there is not always a clear defense to being intoxicated, simply because that person has a prescription. It is very important to have an experienced attorney go through all of the steps and procedures. A skilled prescription drug attorney could mount a solid defense for you.