Colorado Springs Prescription Drugs DUI Attorney

Many people are unaware that operating a vehicle under the influence of prescription drugs, even when legally prescribed and necessary for medical conditions, can result in an arrest and charges comparable to driving under the influence of alcohol. Such an incident can transform an ordinary day into a legal challenge involving a DUI-D charge.

If you are facing charges for driving under the influence of prescription drugs in Colorado Springs, it is imperative to seek legal representation to fight for your rights.

At Christian A. Schwaner, P.C., we understand the gravity of your situation and the anxiety you’re experiencing. With over 20 years of experience in criminal defense, including as a former prosecutor, Christian Schwaner has the experience and knowledge to navigate the complexities of Colorado’s DUI-D laws and build a strong defense strategy for you. Contact us for a free consultation.

DUI-D Law in Colorado

An individual charged with driving under the influence of legally prescribed medications faces the same legal consequences as those accused of driving while intoxicated or under the influence of illicit substances.

Colorado statute § 42-4-1301 defines a DUI as “Driving a motor vehicle when a person is under the influence of alcohol or one or more drugs, or a combination of alcohol and one or more drugs, that affects the person to a degree that the person is substantially incapable, either mentally or physically, or both mentally and physically, of exercising clear judgment, sufficient physical control, or due care in the safe operation of a vehicle. Driving under the influence is a misdemeanor, but it is a class 4 felony if the violation occurred after three or more prior convictions arising out of separate and distinct criminal episodes for DUI, DUI per se, or DWAI; vehicular homicide, vehicular assault, or any combination thereof.”

For a DUI-D charge to be substantiated, the prosecution must present evidence of impairment. This typically involves field sobriety tests, blood analyses, and expert testimony to confirm that the prescription medication compromised the individual’s cognitive clarity and physical capability to safely operate a vehicle.

Driving While Ability Impaired (DWAI) Charges

The law defines DWAI as driving while ability impaired. However, a person only needs to be impaired “to the slightest degree so that the person is less able than the person ordinarily would have been, either mentally or physically, or both mentally and physically, to exercise clear judgment, sufficient physical control, or due care in the safe operation of a motor vehicle.”

Prescription Drugs

While prescription medications address specific health conditions, they can inadvertently compromise an individual’s capacity to drive, diminishing their cognitive faculties, hindering motor skills, or inducing drowsiness, resulting in a DUI-D charge.

Likewise, mixing different prescription drugs or combining them with alcohol can amplify side effects, increasing the likelihood of getting in an accident and/or being charged with DUI-D. Some of the most common prescription medications that are associated with DUI-D charges include:

• Sleeping pills
• Hydrocodone
• Antidepressants
• Valium
• Decongestants
• Antihistamines

Marijuana

In Colorado, recreational and medical marijuana users can be charged with DUI-D if the drug impairs their ability to drive. The legal limit for driving under the influence of marijuana is five nanograms of THC per milliliter of blood.

Illegal drugs

Driving under the influence of illegal drugs is prohibited in Colorado, and the penalties can vary based on the case’s specifics. Common illicit drugs associated with DUI-D charges include:

• Cocaine
• Ecstasy
• MDMA
• Heroin
• Methamphetamine
• LSD
• Ecstasy

The concentration of an illicit substance in a driver’s blood can influence the gravity of a DUI charge.

Convictions for Driving Under the Influence of Prescription Drugs

In Colorado, the consequences of DUI-D convictions vary based on the specific offense and any prior infractions on record. Penalties for driving under the influence of drugs can include fines, mandatory community service, driver’s license suspension, and incarceration. Here are the penalties associated with DUI-D and DWAI offenses:

First DUI-D

• Jail sentence of 5 days to 1 year
• Fine of $600 to $1,000
• Driver’s license suspension of up to 9 months
• Maximum of 96 hours of community service

Second DUI-D

• Up to 1 year in jail
• Up to $1,500 in fines
• Up to 120 hours of community service
• License suspension for up to 1 year

Third DUI-D

• Up to 1 year in jail
• Up to $1,500 in fines
• Up to 120 hours of community service
• License suspension for up to 2 years

First DWAI

• Up to 180 days in jail
• Up to $500 in fines
• Up to 48 hours of community service
• 8 points on your DMV record toward a license suspension

Second DWAI

• Up to 1 year in jail
• Up to $1,500 in fines
• Up to 120 hours of community service
• 8 points on your DMV record toward a license suspension

DMV Driver’s License Suspension

The Department of Motor Vehicles (DMV) can revoke your driver’s license after convictions for driving under the influence of drugs. During the revocation period, drivers may be eligible to obtain a restricted license, allowing them to drive under certain conditions and maintain some level of independence. It’s important to note that the DMV operates independently of the criminal court system.

Common DUI-D Defenses

Building a strong defense is the best strategy to fight DUI-D charges. Having an experienced DUI-D lawyer by your side can make all the difference in navigating the legal system and achieving the best possible outcome for prescription drug cases. Common DUI-D defenses include:

Challenging the Legality of the Traffic Stop

This defense strategy involves questioning whether the law enforcement officer had a valid reason to initiate a traffic stop in the first place. If it can be proven that the officer did not have reasonable suspicion, then any evidence obtained during the stop, including results from field sobriety tests or chemical tests, may be deemed inadmissible in court.

Questioning the Accuracy of Chemical Tests

Chemical tests are often used in DUI-D cases, as they establish the levels of drugs in a person’s system. However, these tests can yield false-positive or false-negative results due to various factors. Questioning the accuracy of chemical tests, the methods used, and the conditions under which the samples were stored or analyzed can be a viable defense strategy in a DUI-D case.

Proving a Medical Condition Affected Test Results

Medical conditions can sometimes alter chemical test results that determine impairment. Medical conditions affecting metabolic processes might influence how quickly a drug is metabolized and eliminated from the body. This could affect the concentration of prescription drugs in the blood or urine. Thus, presenting evidence of these medical conditions and their potential interference with test outcomes might prove a strong defense.

Contact Us for a Free Consultation

Being charged with DUI-D, even for legal prescriptions, is challenging, but with the right legal guidance, you can safeguard your future. Christian Schwaner is a leading Colorado Springs DUI-D attorney with over two decades of experience. He understands the methods prosecutors will use to try to convict you and the strategies that will help you fight back. Don’t let a DUI-D charge change your life. Contact us for a free consultation.

Frequently Asked Questions

Can you be charged with DUI for over-the-counter drugs?

Yes. Under Colorado law, it is possible to be charged with a DUI even for medications that can be purchased over the counter if they contain substances such as hydrocodone, decongestants, and antihistamines.

What is the difference between a DUI and a DWAI?

A DUI charge is typically given when a driver’s blood alcohol concentration (BAC) is 0.08% or higher or if the driver is significantly impaired by drugs (DUI-D), including prescription medication. On the other hand, a DWAI charge is given when a person’s BAC is more than 0.05% but less than 0.08% or if their ability to drive is impaired to the slightest degree by alcohol, drugs, or both. This means that even a small degree of impairment can result in a DWAI charge. Whether you have been charged with a DUI or DWAI, an experienced DUI attorney can help you with a strategic criminal defense.