Pain Medication DUID Lawyer Fighting For Your Freedom
Driving under the influence of any drug, including prescription pain medications, is illegal in the State of California. This means drivers can be placed under arrest and charged with a crime for operating a vehicle while under the influence of Vicodin, OxyContin, Percocet, or any other type of prescription painkiller.
Have you been accused of driving while under the influence of pain medication? If so, discuss your legal options with the experienced pain medication DUI attorneys at The Law Offices of Todd Landgren. Call 949-752-1122 or fill out the form on our website to schedule a free consultation with a DUI lawyer regarding your case today.
How Can Someone Be Charged With Pain Medication DUID?
A driver can be charged with DUID if he or she is under the influence of pain medication and his driving is impaired as a result of the drug. A driver is impaired when he or she is no longer physically or mentally able to operate a vehicle in the same manner that a sober person would in a similar situation. Therefore, a driver that has simply taken prescription pain medication cannot be charged with this crime unless the medication has affected their ability to drive.
Many people take pain medications that are not prescribed to them for recreational purposes, but this law does not only apply to them. It’s important to note that the law applies to all drivers regardless of whether or not they are legally prescribed pain medications. This means it’s possible that a driver could face criminal charges because he or she was under the influence of a drug that is legally prescribed by a doctor.
What Are The Penalties For Pain Medication DUID in Orange County?
Driving under the influence of pain medication is usually a misdemeanor crime, but this does not mean that it should be taken lightly. Even a misdemeanor DUID charge could result in jail time, fines, mandatory enrollment in an alcohol education course, community service, probation, and a license suspension. All of these penalties can have a significant impact on your life—especially the license suspension. Not being able to drive can affect your ability to get to work and earn an income, which is why defendants fight so hard to clear their names.
DUID can be classified as a felony crime in some cases. Anyone who has a prior felony DUI conviction on their record will automatically be charged with a felony DUID the second time they face these charges. Defendants who have three or more prior DUI convictions on their record will face a felony charge for their fourth offense. Finally, defendants who have injured or killed someone as a result of their drugged driving will also face felony DUID charges. Defendants who are convicted of a felony DUID can face far more serious penalties than defendants who are convicted of misdemeanor charges.
For example, a first DUID offense misdemeanor charge carries a possible jail sentence of up to six months. However, a defendant who is convicted of a felony DUID can spend years in prison if someone was injured as a result of their intoxication.
There are no breathalyzers or other devices that can be used to test whether someone is impaired by pain medication. Instead, the driver’s blood will be tested to determine if there are any drugs in his system. But, the presence of a pain medication in the driver’s blood is not enough evidence to convict him of DUID. In addition to showing that the drug is present in his system, the prosecution must also show that the drug impaired his ability to drive.
Our attorneys will poke holes in the prosecution’s case by arguing that the levels in your system were not high enough to cause mental or physical impairment. If you have been on pain medications for a long period of time, you will have a higher tolerance for this drug than other people. Therefore, the level that impairs other people may not impair you.
Prosecutors also rely on the arresting officer’s observations recorded during the field sobriety tests to prove that you are impaired. For example, an officer may have noted that you were unsteady on your feet or showing other signs of impairment. Some police officers are trained to identify the signs of a driver who is under the influence of pain medication. But even with this training, police officers can still make mistakes. Some of the common signs of impairment are also signs of being nervous, fearful, or tired. Therefore, our attorneys will not put up a fight when this evidence is used against you.
The attorneys at The Law Offices of Todd Landgren have decades of experience going up against prosecutors in Orange County. We will rely on expert witnesses and our legal knowledge to point out the flaws and inconsistencies in the prosecution’s case and fight for your freedom. Get in touch with us as soon as possible after you are arrested so we can begin to protect your rights.
If you are facing criminal charges for driving under the influence of pain medications, it’s important to seek legal representation from an Orange County DUID and DUI attorney as soon as possible. At The Law Offices of Todd Landgren, our law firm has over 40 years of experience representing clients who have been accused of DUI and DUID in Orange County.
Our DUI defense attorneys represent clients in Irvine, Newport Beach, Santa Ana, and throughout Orange County. Some of our many practice areas include DUID/DUI cases involving alcohol, marijuana, Ambien, Xanax, pain medications, anti-depressants, and other prescription drugs. We have the legal resources and skills you need to fight for your freedom. To schedule a free consultation, call our law office at 949-752-1122 or fill out the form on our website today.
I had a felony DUI with GBI enhancement...I am a vet and thought my life was over. He took over from the beginning and told me what I had to do in order to become a better man and prove to the courts I wasn't a bad person. I was set to do 2-3 years in state prison and got.