In most Georgia DUI cases, the police request a blood test. To achieve the best possible outcome, a knowledgeable Georgia DUI attorney must understand the procedure used in blood testing and how this procedure may result in errors. For example, the person drawing the blood may have accidentally contaminated the sample, the blood may have coagulated (resulting in an artificially high level of alcohol or drugs in the blood sample), or the blood may have been stored under poor conditions, resulting in spoliation of the sample.
As stated above, for legally prescribed drugs, the fact that you took a certain medication legally is not necessarily a defense, especially if the dosage in your bloodstream appears higher than prescribed. It is illegal to drive under the influence of any substance, even if consumption of the substance is legal. However, the blood test may show that the amount of a particular medication in your blood is within the “therapeutic” levels prescribed by your doctor. In this case, an experienced attorney can work with a pharmacology expert to explain this distinction between “therapeutic” and “impairing” levels to a jury.
Certain medications, when combined with alcohol, react in different ways. Some may result in a higher level of impairment while others would have less of an effect on a person’s ability to drive safely. Additionally, most people, including those who serve on juries, are unaware that perfectly normal, legal substances (such as cough medicines or even poppy seed muffins) can result in a false positive on a drug test. While expert testimony may be necessary to explain these facts to a jury, an attorney, can be trained to use this information to help during plea negotiations.
An experienced Georgia DUI-Drugs Attorney knows that the mere presence of a prescription medication in your blood does not mean that you are guilty of DUI. The State still must prove that the medication rendered you an unsafe driver. The Howard Law Group will examine all the evidence against you, how to question police officers about whether you were an unsafe driver, and how to guide expert testimony to achieve the best possible defense in your case.
Prescription Drug DUI Cases will become more prevalent as out population ages. Never assume guilt. If you have been charged with a Prescription Drug DUI in Georgia, contact the Howard Law Group ASAP.