Is It Easier To Defend A Prescription Drug DUI Versus An Illegal Drug DUI?

(The content below was transcribed from an interview done with Acacia Law. We think you'll find it much easier
and more enjoyable to read this way.)

Interviewer: Is it easier to defend a prescription drug DUI compared to an illegal drug DUI?

Acacia Law: Yes, it is for a number of reasons. When it comes to prescriptive medications, usually the condition underlying the actual behavior is as much fault as anything.

For example, a person has their tonsils removed or suffers a broken arm. This person who is in pain is going to act different than they might ordinarily. That is not a sign or symptom of impairment by any sort of drug. However, it is utilized as such.

It is easier to defend those types of cases because you have more than the underlying effects. If there is a complaint concerning post-accident trauma to either the head or the neck, it is likely the person may have suffered a concussion or shock.

Under those circumstances, it is much easier to persuade a judge, jury, or even a prosecutor the case does not have any legs. It should be dropped.