When most people think of DUI cases, they typically think of a person under the influence of alcohol. However, more and more Georgians are being charged with driving under the influence of prescription drugs.
A conviction for Prescription Drug DUI requires the State to prove that an individual was under the influence of a prescription medication to the extent that he or she was incapable of driving safely. This analysis relies almost exclusively on the officer’s observations and takes into account all of the facts and circumstances surrounding the arrest. These may include (but are not limited to):
- The accused person’s driving (weaving, failure to maintain lane, speeding, hit-and-run, failure to use safety equipment such as headlights);
- The accused person’s speech patterns and behavior, as observed by the arresting officer;
- The accused person’s performance on Standardized Field Sobriety Tests (click here to learn more about Standardized Field Sobriety Tests and how they work);
- The presence of controlled substance(s) in the person’s blood, as determined by chemical testing; OR
- The person’s refusal to submit to a blood test.
There are a few important things you should know about blood testing in Prescription Drug DUI cases.