“Prescription drug DUI” refers to the crime in Washington where you drive or operate a motor vehicle while under the influence of a prescription medication (for example, Xanax or Vicodin). This form of DUI is a misdemeanor offense punishable by up to one year in jail. If you were arrested for DUI, please contact a skilled DUI defense attorney now for help.
What is Prescription Drug DUI?
RCW 46.61.502 is the Washington statute that sets forth the state’s main laws on driving under the influence. According to this code section, you are guilty of DUI if:
- You operate a motor vehicle, and
- Do so while under the influence of or affected by any intoxicating liquor, cannabis, or any drug (including prescription drugs).
Note that you are generally “under the influence” if your mental and physical capacities are altered to the point where you can no longer operate a vehicle in a safe and cautious manner.
Common prescription drugs that can lead to a DUI include:
- Vicodin, and
What are the Penalties?
Prescription drug DUI is charged as a gross misdemeanor. The crime is punishable by:
- Custody in jail for up to one year, and
- A maximum fine of $5,000.
Can a Defendant Raise a Legal Defense?
Yes. People charged with drunk driving can challenge the charge with a legal defense. A common defense is for defendants to show that they were not “under the influence.” Here, defendants can rely on field sobriety test results to show that they did not exhibit any level of intoxication.
Further, people accused of this crime can contest a charge by showing that the police:
- Stopped them without probable cause,
- Made errors in conducting field sobriety tests, or
- Made errors when collecting a blood sample.
If any of the above are true, then a judge could dismiss a DUI charge in its entirety.
Contact Black & Askerov for Help
While a defendant can raise a legal defense to challenge a DUI charge, it will take a skilled criminal defense attorney to raise the best defense. The experienced DUI attorneys at Black & Askerov have over 30 years of combined experience defending clients on DUI and alcohol/drug related charges. Our Seattle criminal defense lawyers have the skill and commitment that makes all the difference in these cases. Our attorneys will fight tooth and nail for you at every step of your case. Contact us now to get the legal help you deserve!