Claiborne Ferguson is THE Memphis DUI lawyer, with his practice, the Claiborne Ferguson Law Firm in Memphis, Tennessee, devoted to DUI defense and capital murder cases. Both require a vast knowledge of science and law, which is why he has extensive training in both areas. In this article, he talks about how a good DUI attorney can successfully argue against a DUI conviction, when legally prescribed medication is in question.
Modern DUI law considers that any number of substances can impair your ability to drive or operate a motor vehicle. You can be impaired and not be under the influence of alcohol. You can be under the influence of any number of narcotics, drugs or illegal substances (marijuana included) that would subject someone to arrest and potentially a conviction for DUI.
In most states, it is not a defense that you had a prescription for the drugs, or that the drugs or substance was purchased over the counter at your local drugstore. So this is not something that can be successfully argued in court.
Under a Physician’s Care
Many people, however, are arrested for DUI while under the care of their physician. When an officer asks them have they taken anything, they answer yes, such as if they are taking methadone. When this happens, the majority of officers’ responses, even understanding that he or she is under doctor’s care and has a valid prescription, will be to pull him or her out of the car and place him or her under arrest for a DUI.
However, a good DUI attorney is always prepared to gather medical records, interview physicians and collect the evidence necessary to show that the officer completely overreacted to the mere mentioning of the word, and has no real proof that the legally prescribed medication was producing any intoxicating effects or impairing any ability to operate a motor vehicle at the time of the arrest.
Driving Under the Influence… of Sinus Medication?
Remember that even something as simple and seemingly innocuous as over-the-counter sinus medication can be the basis of an officer’s decision to charge someone with the offense of DUI. That is why the services of a good DUI defense attorney can be invaluable.
If you are arrested for DUI for any reason, it’s imperative that you contact a good DUI attorney as soon as possible. He will be familiar with the laws that pertain to virtually any case, and can help you when you need it most.
