A person can be arrested and charged with DUI Prescription Drugs. Even if there is no alcohol or illegal drugs in a person's system, a person cannot drive in Georgia while under the influence of prescription drugs to the extent that they are less safe to drive. The key language is the "less safe to drive." The drug taken must impair the driver to the extent that they are not as safe to driver had they not taken the drug.
So, a positive drug screen result does not mean the driver was under the influence to the extent they are a less safe driver. Most prosecutors do not understand this simple concept. Most prosecutors see the existence of the drug in the blood or urine and as a result file the charges against the driver. However, many of these drivers are in fact 100% innocent of DUI. There are medically accepted therapeutic drug levels. When a client is arrested for DUI Prescription Drugs, my office uses medical experts to review the drugs in the person's system to determine if the drug levels detected were therapeutic or a level that would impair the driver. Never plead guilty to DUI Drugs without first having your case reviewed by the best possible DUI Defense Lawyer.
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