Under Colorado law, there is no distinction between a DUI-D resulting from the consumption of legal drugs or illegal drugs. In fact, there is no substantive difference between a DUI-D (driving under the influence of drugs), and a standard DUI charge brought for driving while under the influence of alcohol.
As long as the prescription drug in question impairs your ability to drive, you will be subject to a potential DUI-D charge if you are found to have been under the influence of the drug while behind the wheel. If you are facing a DUI-D charge after taking a prescription medication, it is essential that you speak with an experienced DUI attorney as soon as possible.
At the law offices of Christian A. Schwaner, we know the challenges you are up against when facing a DUI-D charge. We can help build a strong defense on your behalf and give you the best odds of beating the charge against you. Contact us today to learn more about what we can do for you through a free initial consultation.
Penalties for a DUI-D Involving Prescription Medication
If you are convicted of a DUI-D in relation to the use of prescription drugs, the penalties will vary significantly depending on whether or not you have any previous DUI, DUI-D, or DWAI (driving with ability impaired) convictions.
First Offense DUI-D
Even if you have no prior convictions, the penalties for a DUI-D conviction can be severe. If found guilty of this misdemeanor offense, you could face:
- Five days to one year in jail
- A fine of $600 to $1,000
- 48 to 96 hours of public service
- Summary probation
- Nine-month driver’s license suspension
Second Offense DUI-D
If you already have a prior offense on your record, the penalties will increase for a second conviction. If found guilty, you could be looking at:
- 10 days to one year in jail
- A fine of $600 to $1,500
- 48 to 120 hours of public service
- Summary probation
- One-year driver’s license suspension
Third Offense DUI-D
For a third DUI-D offense, the minimum jail time you will face jumps significantly. If convicted, the penalties can include:
- 60 days to one year in jail
- A fine of $600 to $1,500
- 48 to 120 hours of public service
- Summary probation
- Two-year driver’s license suspension
Fourth or Subsequent Offense DUI-D
The penalties increase significantly if you are found guilty of a fourth or subsequent offense. Rather than being prosecuted as a misdemeanor with potential jail time, a fourth DUI-D charge is a Class Four felony and can result in prison time. Potential penalties if committed of this serious offense are:
- Two to six years in prison
- A fine of $2,000 to $500,000
- 48 to 120 hours of public service
- Formal probation
- Two-year driver’s license suspension
If there are extraordinary aggravating circumstances, such as if you are currently on parole, probation, or bond for another felony offense, the prison sentence could increase to four to 12 years.
Defenses Against a DUI-D Charge for Driving After Taking Prescription Medication
There are a variety of defenses that can be used to fight a DUI-D charge related to the use of prescription drugs. The best defense for your case will depend on the particular details of your situation. When facing a DUI-D charge, your attorney will discuss your options with you and decide on the best course of action. Some common defenses in these cases include:
- You did not take any prescription drugs
- The prescription drugs you took did not impair your ability to drive
- You were unaware that the prescription drugs you took could impair your ability to drive
You did Not Take Any Prescription Drugs
A strong argument that may work for your case is that you did not take any prescription drugs before driving. Maybe something you said or the presence of a pill bottle led the arresting officer to believe you had taken prescription medication.
Even if chemical tests show the drug in your system, your attorney can argue against the validity of the results, as faults are common in the testing system.
The Prescription Drugs You Took Did Not Impair Your Ability to Drive
Not all prescription drugs impair your ability to drive. You are only guilty of a DUI-D related to prescription drugs if the drugs you took impaired your driving ability.
By showing that the prescription medication in your system does not decrease your ability to operate a motor vehicle, your lawyer can help you beat a charge with this defense.
You Were Unaware that the Prescription Drugs You Took Could Impair Your Ability to Drive
If you were taking the prescription drugs in question for the first time, you may be able to argue that you were unaware they could negatively impact your ability to drive.
If the pill container did not have any proper warning labels and your doctor and pharmacist failed to warn you about the dangers of taking the medication and driving, this defense can be effective.
Hiring an Experienced DUI-D Lawyer in Colorado Will Give You the Best Chance of Beating a Charge
Whether you are guilty or innocent of the charge against you, it is critical that you hire an experienced criminal defense attorney when faced with a DUI-D charge in Colorado. Hiring a lawyer will give you the best chance of beating the charge or at least negotiating a favorable plea deal.
Attorney Christian A. Schwaner has helped countless clients win their cases and avoid incarceration. Contact us today to schedule a free initial consultation.