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Virginia Prescription DUI Prosecution 

In order for a person to be charged with a prescription DUI, the police officer who charged that person must observe some driving behavior that tends to indicate some level of impairment and upon interaction with that person, the police officer must observe some further indicators of impairment. This can include slurred speech, dilated pupils, and confusion about what is going on, or inability to produce basic items like a driver’s license or registration without too much difficulty. Due to the complexity of this kind of case, it is in your best interest to contact an experienced prescription DUI drug lawyer who can advocate for you.

Elements the Prosecution Must Prove

The Virginia prescription DUI prosecution must prove that the person was under the influence of some drug. Then the prosecution must prove that that drug at the level it existed in their body at time could cause impairment. They must also prove that having that quantity of drug in their system would prevent a person from being able to operate a motor vehicle safely.

An expert is going to be necessary for the Virginia prescription DUI prosecution to prove their case beyond a reasonable doubt because there is not a threshold blood test level for prescription drugs. If this was an alcohol case, the lawyers would know that the threshold is 0.08 but if it is a prescription drug case there is no minimum threshold under the statute, therefore the government needs to have an expert witness come to court and testify about the drug that was in the person’s system, the effects that that drug would have on that person, and whether or not the level that was detected by the blood test is sufficient to cause impairment.

Information Necessary to Prepare a Defense

The first thing I would need for a prescription drug DUI case is what I would need for every DUI case. I need to know all of the facts from both sides to determine whether or not there was justification in making the stop, making the arrest, what the field test looked like, and what the driving behavior looked like. All of these facts are absolutely relevant in any DUI case. But I also would need the science, I would need to know what the drug was, I would need to know the level of the drug as it was detected in the person’s blood, and I would need to know how that drug and in that quantity would affect a person’s ability of operating a motor vehicle safely.

Prescription Information

Much like the government will need that information to prove their case, an attorney would need that information to defend that case because whatever the drug is that a person was on, they would need to research that, and probably consult an expert on their own to figure out whether or not the government is going to be able to prove their case beyond a reasonable doubt. They would need all the information about the drug that a person was on and they would need to speak to somebody who knows exactly what impact that drug would have on a person in terms of their ability to operate a motor vehicle safely.

Prescription DUI drug charges would not be necessarily aggravated if the individual does not have a prescription for those drugs.  Although it would make it much less likely that the person would be able to get a favorable plea result. It also is possible that the government could charge that person with the possession of that illegal drug if they were inclined to try to deal with that person hard.

Necessity of a Lawyer

If you have any questions about the prosecution of Virginia prescription DUIs, get in touch with a qualified DUI lawyer who can help. Working with a local attorney means that your case is in the hands of someone who is well-versed in local drug DUI policy. Furthermore, your lawyer will have relationships with local judges and law enforcement that they can use to build your case. Contact an attorney today.

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