Driving Under the Influence of Prescription Drugs

Prescription medications are essential for managing many health conditions. However, driving after taking these drugs can carry serious risks. It’s a common misunderstanding that the law views prescription medication differently from illegal drugs in DUI cases. In Wheeling, and across West Virginia, this is not true.

If you or someone you know is facing charges for driving under the influence of prescription drugs, it is crucial to get help from a knowledgeable DUI attorney right away. An experienced lawyer can handle the complexities of your case and provide the guidance you need.

What You Need to Know

Understanding the potential consequences is critical. If you are found to have a blood alcohol concentration (BAC) twice the legal limit, you could face significant DUI penalties according to state laws. These penalties can include having your license suspended, facing jail time, and paying substantial fines.

Drugged Driving vs. Drunk Driving

The laws for drugged driving are very similar to those for drunk driving. Prescription medications such as Xanax, Ativan, and Ambien are frequently involved in these types of cases. If a police officer notices erratic driving— like swerving, weaving, or driving unusually slowly—they might pull you over. During this traffic stop, they will look for physical signs of impairment, such as glassy eyes or slurred speech. They may also ask you to perform a Field Sobriety Test and request blood or urine samples to test for substances. A Wheeling criminal lawyer can help you navigate this process.

Law enforcement agencies often use specially trained Drug Recognition Evaluators (DREs) to assess if a person is impaired by drugs. These experts follow a multi-step process, which involves checking indicators like pupil size, blood pressure, and pulse rate, as well as conducting physical examinations.

It’s important to understand the severity of the penalties for driving under the influence in West Virginia’s tiered system.

• First Offense: A conviction could lead to up to six months in jail, fines between $1,000 and $5,000, and a one-year license suspension. You may also be required to attend an alcohol highway safety school and enroll in a treatment program.
• Second Offense: For a second offense, the penalties increase. You could face a jail sentence from 90 days to five years, fines ranging from $1,500 to $10,000, and an 18-month license suspension. Mandatory enrollment in an alcohol highway safety school, treatment program requirements, and the installation of an ignition interlock device (IID) for one year are also possible. A Wheeling DUI attorney can provide essential defense strategies.
• Third Offense: A third offense brings the most severe consequences. This can include one to five years in prison, fines from $2,500 to $10,000, and an 18-month license suspension. You will likely be required to enroll in a treatment program and use an IID for one year.

A DUI conviction can have long-lasting effects, including a permanent criminal record that may affect your job prospects and lead to higher insurance rates. If an accident causes injury or death, the situation becomes even more serious and could result in a civil court trial. Hiring a skilled Wheeling criminal lawyer is crucial in these situations.

How to Interact With Police

• Do not try to flee an arrest.
• Avoid admitting that you have consumed any alcohol or drugs.
• You have the right to remain silent. Do not give any statements without a DUI attorney present.

Your Potential Defense

Driving while impaired by prescription medication is illegal. However, your Wheeling criminal lawyer can build a defense strategy, which may include:

• Challenging the accusation that you were the one driving the vehicle.
• Questioning if the traffic stop was legal or if DUI checkpoint procedures were correctly followed.
• Arguing that the prescription drug did not cause impairment.
• Contesting the proper administration of sobriety tests or the calibration of testing equipment.

How Your Lawyer Will Help You

At Logue Law Group, our team of experienced Wheeling criminal lawyers is committed to providing outstanding legal advice and building the strongest possible defense for your case. If you choose us, we will meticulously work to challenge the evidence against you, protect your rights, and fight for the best possible outcome.

To arrange a free initial consultation with one of our knowledgeable Wheeling DUI attorneys, contact us online or call (844) PITT-DUI. We are here to assist you in navigating your legal challenges with confidence.