Philadelphia Prescription Medicine DUI Lawyer
You do not necessarily need a blood alcohol concentration (BAC) of 0.08% to face charges for driving under the influence (DUI). In fact, if you have prescription drugs in your system that prevent you from operating a vehicle safely, you could be charged criminally.
Fortunately, a distinguished Philadelphia prescription medicine DUI lawyer from Ciccarelli Law Offices could help you protect your future. Our Pennsylvania DUI Defense lawyers have represented over 15,000 clients over the last 30 years. Trust us with your defense strategy and take back control of your life when you contact our office to request a confidential consultation.
What is a Prescription Medicine DUI?
Driving under the influence of drugs (DUID) can involve operating a vehicle while under the influence of any type of controlled substance as described under the Controlled Substance, Drug, Device and Cosmetic Act. This includes anyone who may be under the influence of prescription drugs. Whether you have a prescription for the controlled substance or are using them illegally, you can still face criminal charges. Some of the most common types of prescription drugs that could lead to a prescription medicine DUI include:
- Ambien
- Ativan
- Oxycodone
- Prozac
- Valium
- Xanax
If you are weaving in and out of traffic, have a combination of controlled substances and alcohol in your blood, or are exhibiting other signs of impairment, you can be arrested on suspicion of driving under the influence.
Even if you were sober at the time of the accident, if your tox screenings indicate that you have prescription drug metabolites in your blood, criminal charges may still apply. The language of the statute under 75 Pa. § 3802. Driving under the influence of alcohol or controlled substance as it pertains to prescription medications reads as follows:
(d) Controlled substances.–An individual may not drive, operate or be in actual physical control of the movement of a vehicle under any of the following circumstances:
(1) There is in the individual’s blood any amount of a:
(i) Schedule I controlled substance, as defined in the act of April 14, 1972 (P.L.233, No.64), known as The Controlled Substance, Drug, Device and Cosmetic Act;
(ii) Schedule II or Schedule III controlled substance, as defined in The Controlled Substance, Drug, Device and Cosmetic Act, which has not been medically prescribed for the individual; or
(iii) metabolite of a substance under subparagraph (i) or (ii).
(2) The individual is under the influence of a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
(3) The individual is under the combined influence of alcohol and a drug or combination of drugs to a degree which impairs the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.
(4) The individual is under the influence of a solvent or noxious substance in violation of 18 Pa.C.S. § 7303 (relating to sale or illegal use of certain solvents and noxious substances).
Why Trust Ciccarelli Law Offices With Your Defense
Prescription medicine DUIs are serious. Having a Philadelphia criminal defense lawyer on your side who has been recognized as one of the top 100 litigation attorneys by the American Society of Legal Advocates (ASLA) can only benefit your case. We have over 100+ years of combined experience and have represented tens of thousands of clients over the years. Our own experiences with personal family legal struggles have given us the motivation and insight needed to protect our clients’ rights. You can rest easier knowing Ciccarelli Law Offices is taking care of your DUI defense.
Criminal Sentences Associated With Prescription Medicine DUIs
The consequences that may come if you are found guilty of a prescription medicine DUI vary widely depending on a number of factors. For instance, if you have multiple prescription medicine DUIs on your record, the sentence you face will be much more severe than someone who is a first-time offender.
Typically, first-time prescription medicine DUI offenders could be facing up to $5,000 in fines. Beyond that, you should expect to spend a mandatory minimum of 72 hours in jail and have your driving privileges suspended for at least one year. You could also be required to complete a drug or alcohol treatment program as part of your sentence.
The Impact of Collateral Consequences
If convicted of a prescription medicine DUI, the criminal penalties could upend your life. However, completing your sentence does not necessarily mean you can finally put your experience behind you. This is because your life will continue to be affected by the collateral consequences of your conviction. These refer to the various ways your personal and professional lives are impacted by your criminal conviction.
For example, with a prescription medication DUI on your record, your family may question whether your children are safe in your care. This could lead to issues with child custody and visitation rights. With a DUI on your criminal background check, if you apply for housing, federal student aid, or employment, you could be denied opportunities or passed over for other candidates who had no problem passing the background check. Avoiding a conviction altogether may be your best chance at protecting your future.
How to Clear Your Name When Accused of Impaired Driving
If you have been accused of operating a motor vehicle while under the influence of prescription drugs, there are several ways we may be able to clear your name. First, if you have a prescription for the drug and there is no indication that you were impaired at the time of the traffic stop, we may be able to get the charges against you dismissed, especially if the only evidence against you is a tox screening that does not accurately represent your impairment levels.
However, if you do not have a prescription for the medication in question, there are other ways we may be able to defend your case if it goes to trial. If law enforcement officials conducted an unlawful traffic stop or illegal search and seizure, for example, we may be able to get the evidence they obtained against you dismissed under a Fourth Amendment violation. This could destroy the prosecutor’s case against you. Your criminal defense lawyer with Ciccarelli Law Offices will have a better idea as to which defense strategy is most favorable after reviewing the specific circumstances of your case.
You Might Have Another Option
Before we prepare your case for trial, it may be wise to consider working with the prosecutor to enroll you in an accelerated rehabilitative disposition (ARD) program. If this is your first prescription drug DUI, and no one was seriously injured or killed as a result of your impairment, you may be eligible for enrollment.
However, there will be specific requirements, such as completing a driver retraining program, meeting with a probation officer regularly, or completing community service hours. Once you complete your program, the district attorney drops the charges against you. If you get kicked out of the program due to noncompliance, the Commonwealth will proceed with your original DUI charges.
Meet With a Strategic Prescription Medicine DUI Attorney in Philadelphia for Help Today
You are facing devastating criminal penalties if you are convicted of a DUI involving prescription drugs. Do not trust your defense to a public defender who is incapable of giving your defense strategy the time, energy, and resources you deserve. Consult a high-powered Philadelphia prescription medicine DUI attorney from Ciccarelli Law Offices to safeguard your future. Our team offers confidential consultations to the innocent and accused. Claim yours by calling our office or filling out our secured contact form today.