By EHG Legal Team

How Taking Your Prescription as Directed May Be Your Strongest Argument in a DUI Drug Case

As a driver charged with DUI drugs, you might feel overwhelmed and unsure of your options, especially if you were taking your prescription medication as prescribed. Many lawyers may be hesitant to defend clients in blood test cases, but there are critical elements that can make a difference in your case. This article will provide you with valuable information to help you find a legal team equipped to handle DUI drug cases and fight for your rights.

Understanding the Role of Prescription Medication

Unlike alcohol, prescription medication levels don’t always indicate impairment. In fact, the presence of medication in a driver’s system might make them a better driver than they would be without it. Doctors prescribe medication to help patients achieve a state of normalcy, not to make them high or woozy. This distinction is crucial when building a defense in a DUI prescription drug case.

Building Your Defense: Medication History and Pharmacology

When facing a DUI drug charge, it’s essential to gather all the information about your prescription medication history. Obtain a list of your prescriptions and how long you’ve been taking them to demonstrate that you’ve been on a regular course of treatment.

Additionally, having a basic understanding of pharmacology—the study of how drugs work in the body—will be beneficial. This knowledge will help you argue that the blood test results are not conclusive and can’t accurately show how your body was breaking down the medication at the time of driving.

Pharmacokinetics: The Key to Challenging Blood Test Results

Pharmacokinetics, the study of how a drug moves through the body, plays a crucial role in understanding the limitations of blood tests in DUI drug cases. While alcohol follows a predictable pattern (zero-order kinetics), prescription medications do not (first-order kinetics). This lack of predictability makes it challenging to determine a person’s level of impairment based on a blood test.

Using the Winek Guide to Medicine and Chromatogram Errors

Forensic chemists and toxicologists often rely on the Winek Guide to Medicine to determine where a driver’s blood test results fall within the normal, therapeutic, toxic, or lethal range. You can use this guide to challenge the prosecution’s reliance on these categories.

Gas chromatograph errors can also play a significant role in your defense. Chromatograms can show false positives or unreliable results, making the test results unreliable and potentially inadmissible in court.

When facing a DUI drug charge, finding a legal team experienced in handling prescription medication cases is crucial. Understanding the nuances of prescription medication, pharmacology, and pharmacokinetics can significantly impact the outcome of your case. With the right defense strategy and legal representation, you can fight the charges and protect your rights as a driver taking their prescription medication as directed.