QUESTION

Is being arrested for driving under influence of a controlled substance going to make a difference for a repeat offender?

Asked on Apr 08th, 2013 on DUI/DWI - Georgia
More details to this question:
My boyfriend was arrested for his 7th OWI and as far as I know, he did not have any alcohol in his system this time. However, he was under influence of his prescription drugs.
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5 ANSWERS

Criminal Defense Attorney serving Oakland, CA at Kapsack & Bair, LLP
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If this case is in California and this is his seventh within the past ten years he is looking at a very serious case, a felony. He can be prosecuted for DUI even if he was taking only his prescribed medications and at the dosages prescribed. He will need legal representation and the help of a forensic toxicologist and possibly a pharmacologist to avoid prison.
Answered on Apr 15th, 2013 at 12:46 AM

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James Edward Smith
A prescription is irrelevant to driving under the influence.
Answered on Apr 09th, 2013 at 2:59 AM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. The short answer is probably not, depending on the prescription, it's side effects and what he knew about the drug. A DUI means driving under the influence of alcohol and/or drugs. It does not matter whether it is a prescription or street drug. I strongly suggest that your boyfriend contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding his case. He/she would then be in a better position to analyze your his and advise him of his options.
Answered on Apr 09th, 2013 at 2:54 AM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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Yes, it could be a possible way to defend the charge. He should speak to an attorney immediately.
Answered on Apr 08th, 2013 at 10:00 PM

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Yes. Drug DUIs are a lot more difficult to prove, and none of it would matter if your boyfriend doesn't have a good DUI specialist representing him.
Answered on Apr 08th, 2013 at 10:00 PM

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