Culpeper DUI Drug Defenses
If facing DUI drug charges in Culpeper County, the following are what you should know about building a defense. To ensure that you are putting forth the strongest defense possible call and schedule a consultation with a Culpeper DUI lawyer today.
Can You Be Charged With Drug Impairment Even If It Involves Legal Drugs?
Yes. If an individual is under the influence of either illegal or prescribed drugs such that it impairs their ability to operate a motor vehicle, either alone or in combination with alcohol, then a person can definitely be charged with a DUI under those circumstances. A prescription does not give a legal justification for being too impaired to drive. Though an unanticipated reaction in many cases can offer a defense.
What About Over The Counter Medication?
If a person has consumed significant amounts of over the counter medications such as Benadryl, Robotussin, Nyquil or other drugs such that it impairs their ability to operate a motor vehicle, then even though those drugs are legal they can nevertheless be charged with DUI under those circumstances. Again, unanticipated reactions can in some cases offer a defense to these kinds of DUIs.
Is Involuntary Intoxication A Defense?
Involuntary intoxication is a defense to DUI in Virginia for any criminal charge including DUI. There has to be what is called a volitional act, meaning that the person has to intend the act that they performed. If a person drinks something that they do not understand to be alcohol or if they ingest a drug that they do not understand will cause impairment then that can be a defense to DUI. However in many cases there are warning labels on both prescription and over the counter drugs which will warn a person to the fact that they can cause impairment. If this is the case then that can be used as a rebuttal to an involuntary intoxication defense.
What If It Is The Result of a Drug Interaction?
If impairment is the result of a drug interaction that is either unknown or unforeseeable to the defendant, then that can operate as a defense in a DUI case. It will depend in great measure on whether there were any warnings on the drugs as to possible impairment, interactions with other drugs, or interaction with alcohol. It can also be a defense if it can be show that something was administered to the defendant without their knowledge.