Winning Drug DUI’s: Therapeutic Effect
You were arrested for DUI. You blew into the machine, and the machine registered a .000. But you knew that already, because you did not have anything to drink! The officer then asks you to submit to a urine test. You do.
Months later, the lab results finally come back. You know that the results of the lab test can make or break your DUI case. And the results are in. The lab results show oxycodone, xanax, or another controlled substance in your system. You know that you were not DUI when the cop arrested you. You have a prescription. So what is your defense?
The Therapeutic Effect
While there are multiple defenses here, including exposing the urine test as being nearly meaningless, your best defense may the therapeutic effect defense. This applies if you are, indeed, under the care of a doctor and have been taking regular doses of your prescription drug for 2 weeks or more.
Side Effects of Narcotics and CNS Depressants
The two common prescription drug classes that appear in DUI cases in Tampa, Florida, and elsewhere are CNS Depressants and Narcotic Anagelsics. When we talk of CNS depressants, we are speaking of anti-anxiety drugs like alprazolam (xana), lorazapam, ect. When we are speaking of Narcotics, we are talking about pain relievers like hydrocodone, oxycodone, and methadone.
These two classes of drugs have different clinical purposes, but both have similar side effects. Specifically, both can cause sluggishness, drowsiness, and potentially impair normal faculties much in the way that alcohol does. As a result, it is illegal in Florida to drive to the extent your normal faculties are impaired by these drugs.
Tolerance Because of the Bodies Resiliency
While these side effects are common upon first dosage, the body is a remarkable thing. Specifically, the body develops a tolerance to the substances side effects over time. Accordingy to leading forensic toxicologists, the body can adapt to both of these classes and become tolerance in approximately two weeks. Meaning, assuming the patient/defendant has been taking a prescribed dosage regulary of either of these classes of drugs for in excess of two weeks, the individual should not be exhibiting any of the side effects that could cause DUI.
Putting the DUI Defense Together
Applying these defense to a drug dui cases requires the following:
- A Forensic Toxicologist (An expert): While it is possible to present this defense using the State’s own toxicologist, it is much more effective to have your own expert testify on your behalf. This assures that you can get everything your DUI Attorney needs as far as testimony out of the witnesses mouth and into the ears of the Jury. If the State toxicologist will give your DUI Lawyer ”
everything he wants”, then your expert will repeat the information to the Jury. And the more you can repeat important information to the Jury, the better. Finally, it allows your Drunk Driving Lawyer to hammer home the point in closing argument to the Jury with the, ‘Not only did you hear this from my witnesses mouth, but also from the State’s own witnesses”. Effective. - Prescription Records: This is obvious, but to present a defense, it is always better to the get the evidence in front of the Jury to back up the claim.
- Someway to get the records into evidence: This can be the prescribing doctor, the defendant himself (not always recommended), or in some cases, the toxicologist. Depending on the Statements made by the DUI defendant to the arresting officer, the arresting officer himself can sometimes be used to get this fact in front of the jury.
Drug DUI Cases can, and in many cases should,be won. Your Tampa, Florida DUI Attorney has tools in his toolbox to blow up the State’s case in most DUI’s, but especially drug DUI’s. While it can be done without expert help, in most cases I strongly recommend looking to retain an expert witness to solidify your defense.
