Driving Under the Influence of Prescription Drugs

Prescription medications are essential for managing various health conditions, but it’s important to understand the risks they pose, especially when behind the wheel. Under the law in Weirton and throughout West Virginia, driving under the influence of prescription drugs is treated the same as driving under the influence of illegal substances in DUI cases.

If you or someone you care about has been charged with this offense, contacting a skilled attorney is crucial. With their expertise, they can guide you through the legal process and develop a strong defense for your case.

What You Need to Know

Driving under the influence of prescription drugs carries severe penalties under West Virginia’s DUI laws. For instance, testing twice the legal limit of BAC (blood alcohol content) may lead to serious consequences like license suspension, fines, and even jail time.

A qualified Weirton criminal lawyer can provide the legal support needed to better understand these consequences and help mitigate the impact on your life.

Drugged Driving vs. Drunk Driving

The laws surrounding drugged driving closely align with those governing drunk driving. Prescription medications like Ambien, Ativan, and Xanax are among the most common culprits cited in these cases. Law enforcement often identifies impaired drivers through erratic behavior such as:

• Weaving or swerving lanes
• Driving below the speed limit
• Prolonged braking or delayed reactions

When law enforcement stops a vehicle, they may examine physical signs such as glassy eyes or slurred speech. This process might include a Field Sobriety Test and, often, the collection of blood or urine samples.

Additionally, Drug Recognition Evaluators (DREs)—highly trained specialists—employ a detailed, multi-step evaluation program to confirm drug impairment. These evaluations include measuring a person’s pupil size, checking their pulse rate, and assessing blood pressure to establish evidence of impairment.

Being aware of these processes can help you make an informed decision about seeking legal representation from a trusted Weirton criminal lawyer in such instances.

Penalties Under West Virginia’s Three-Tier DUI System

West Virginia follows a tiered system for DUI penalties, with escalating punishments based on the severity of the offense.

First Offense

• Jail time of up to 6 months
• Fines ranging between $1,000 and $5,000
• One-year license suspension
• Enrollment in an alcohol highway safety school
• Possible enrollment in a treatment program

Second Offense

• Jail time of 90 days to 5 years
• Fines between $1,500 and $10,000
• 18-month license suspension
• Mandatory alcohol highway safety school
• Installation of an ignition interlock device (IID) for one year

Third Offense

• Imprisonment for 1 to 5 years
• Fines ranging from $2,500 to $10,000
• 18-month license suspension
• Participation in a treatment program
• Installation of IID for one year

Additionally, if an accident caused by drugged driving results in injury or death, the situation may escalate, potentially leading to civil lawsuits. A knowledgeable Weirton DUI attorney can help mitigate further legal complications in such cases.

How to Respond During a Police Stop

If you’re pulled over on suspicion of drugged driving, remember these key guidelines:

1. Do Not Leave the Scene: Attempting to flee will only worsen the situation.
2. Avoid Self-Incrimination: Refrain from admitting to drug or alcohol consumption without legal counsel.
3. Exercise Your Right to Remain Silent: Politely decline to answer questions until you consult a criminal lawyer.

Key Defense Strategies

A skilled Weirton DUI attorney can interpret the nuances of your case and employ possible defenses such as:

• Disputing whether you were actually operating the vehicle.
• Questioning the legality of your stop or any DUI checkpoints involved.
• Contesting the claim that your impairment was due to prescription medications.
• Challenging the accuracy or administration of drug testing equipment.

Pursuing these defense options can significantly strengthen your case.

How a Criminal Lawyer Can Help You

At Logue Law Group, we are committed to achieving the best possible outcome for your case. Our highly experienced Weirton criminal lawyers strive to discredit any evidence against you while ensuring your rights are upheld.

When you work with us, you can expect a compassionate yet strategic approach tailored to your specific situation. From challenging the evidence to navigating every legal complexity, we’ve got your back every step of the way.

Speak to a Skilled Legal Professional Today

A DUI conviction can have long-term repercussions, affecting your career, reputation, and driving privileges. Don’t face these challenges alone. Contact our team for the legal support you deserve.

Schedule a free initial consultation with one of our seasoned lawyers by calling (844) PITT-DUI or contacting us online today. Take the first step towards safeguarding your future with the support of a trusted Weirton DUI attorney.