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Driving while medicated is the next big law enforcement push

Reports across the country show the cops are gearing up for the next big push: “Drugged-Driving”.prescription-drugs-s

Drugged-driving, sometimes referred to as DUI-Drugs (DUID), is when someone drives under the influence of either illicit or legal prescription drugs that are deemed to cause impairment.  Some of the most common prescription drugs people are being arrested for are:

  • Xanax
  • Klonopin
  • Oxycodone
  • Methadone
  • Ambien
  • Prozac
  • Valium

The National Highway Traffic Safety Administration (NHTSA) estimates that in 2014, 22% of drivers were impaired by drugs, almost half of which were impaired by prescription medication.

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DUI-D cases carry heavier penalties than DUI alcohol cases.  For a first offense conviction of a DUID, the maximum penalty is up to 6 months in prison, $5,000 in fines and a 12-month license suspension.  (Please see THE LEGAL CONSEQUENCES OF A DUI IN PA for more details.)

Drugged-driving cases require an attorney who really knows and understands the science because they involve a lot of science.  There are literally thousands of prescription drugs out there and every person is affected by them differently.  Here are some of the complex questions that need to be asked in these cases:

  • Is the driver who is taking this medication actually impaired by it?
  • To what degree is the impairment?
  • Is the impairment actually caused by the medication or by something else like sickness, lack of sleep, allergies etc.
  • How long ago was the medication taken?

and many more.  This makes it difficult for the government to prove these cases IF you have the right attorney.  At The McShane Firm all of our attorneys have gone through rigorous training on how to handle and use science to defend drugged-driving case.

For a free case consultation, please call 1-866-MCSHANE.  We want to help you.

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