Prescription Drug DUI: What are My Defenses?

Posted by James Ferguson | Jan 01, 2021 | 0 Comments

Some people are familiar with drug related DUI offenses including DUI as a result of the use of marijunana or even a narcotic. There is not, however, much law on prescription drug DUI. This is an inherently contentious area because of the intentionality factor. It is also less straightforward than alcohol related DUI cases because when a prescription drug is taken by the person for which the drug is prescribed, it is not an illegal act. The variables at play in this instance can vary widely depending on the specific case and the applicable laws and policies.

What is Prescription Drug DUI?
In some states, including Mississippi, you cannot operate a motor vehicle if you have a certain amount of a controlled substance in your blood. Most people think of alcohol in the DUI context. However, a controlled substance can include lawfully or unlawfully obtained prescription drugs or even over-the-counter drugs. However, unlike alcohol, for which law enforcement can test a defendant's blood, there is no roadside test for pharmaceuticals. Instead, one can be arrested and charged with a DUI if the officer has probable cause to believe that the substance has created an impairment so much so that the individual is unable to operate a motor vehicle.

Applicable Law

The applicable law for prescription drug DUI is the same law covering alcohol related DUI crimes. Mississippi law forbids a person from driving with a blood alcohol content (BAC) of 0.08% or greater (0.04% or more if the driver was operating a commercial vehicle). The penalties for prescription drug DUI is not dissimilar to those applicable to the alcohol related DUI crime. As a first-time offender, the defendant is subject to $250 to $1,000 in fines, up to two days in jail, enrollment in Mississippi's Alcohol Education Program, 120 days of a suspended driver's license, and any other condition handed down by the judge.

What are Some Defenses?

Prescription drug DUI defenses can come in two forms. There are the ones that are similar to the defenses in alcohol-related DUI cases. For instance, the defendant can challenge the search and seizure procedures used by the arresting officer. This can also include a challenge to the probable cause or reasonable suspicion factors that the officer claims were present in the case. Another defense can come from a lack of knowledge that the medication would result in an inebriating effect. Here, the defendant can argue that the medication was indeed the cause of their inebriation. However, they did not appreciate the side effects of the drug and that it could cause inebriation. This is an especially convincing defense if the drug is not historically known to cause inebriation.

Let Us Help with Your DUI Case
Attorney James Robert Ferguson can answer your DUI-related questions. He is a seasoned defense attorney with years of experience fighting drug and alcohol DUI cases. He understands that the stakes are high and the importance of putting the DUI charge behind you. That is why he provides aggressive legal representation for individuals just like you. Call us now for a consultation.

See related blog posts:
Driving Under the Influence of Drugs (Non-Alcohol DUI)
Boating Under the Influence in Mississippi

About the Author

James Ferguson

I was born and raised in Memphis, Tennessee. During college, I studied at East Tennessee State University, where I received a Bachelor's in Criminal Justice, which I then followed up with a Master's in Criminology from the University of Memphis. Before beginning my legal career, I worked as a Project Coordinator at the University of Memphis, where I assisted in training law enforcement officers in the Memphis Model of Crisis Intervention Training. The purpose of the project was to provide officers with the tools to deal with citizens in a state of mental crisis. I then went on to study law at the Mississippi College School of Law in Jackson. During law school, I clerked with Victor W. Carmody, Jr., the lawyer who wrote the book on DUI law in Mississippi. I am currently licensed to practice law in both Tennessee and Mississippi, and spend a majority of my time traveling the highways and biways of Mississippi defending those who have been charged with a DUI.


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Free Consultations

Please contact me anytime to discuss your case. I understand that you will have many questions about your DUI, and I will guide you through answers to the questions that you have and those that you haven't thought of. My goal is to make you comfortable with the defense process. Every case is prepared for trial, but a trial is not always necessary. Consultations are always free and confidential.

Someone on your side

Being charged with a crime is intimidating. Beyond the fear of jail, court costs, and fines, there are questions as to the impact on your job and your right to drive. Rest assured that I will be there every step of the way to guide you through the process, and to help you minimize the impact of a DUI on your life. Call me today.