Overland Park Prescription Drug DUI Attorney
Defending Against Prescription Drug DUI Charges in Johnson County
Most people associate DUI with excessive drinking followed by driving. Many people also believe drug DUI charges should be reserved for those who use illegal drugs. However, in Kansas, you can be arrested for DUI if you are under the influence of prescription drugs so that you cannot safely operate a vehicle. According to Kansas Law 8-1567, it is illegal for any person to operate a motor vehicle while under the influence of any drug or combination of drugs that hinders their ability to operate the vehicle safely. "Any drug" includes sleep aids, opioids, and antidepressants, which are common causes of prescription drug DUIs. Even though the use of these and other medicines is necessary, the fact that they were prescribed is not a defense.
If you or someone you love has been charged with prescription drug DUI, seek legal counsel as soon as possible. A conviction comes with a range of consequences, such as jail time, fines, license suspension, and more. Defending against these charges requires the advice of a skilled prescription drug DUI attorney in Overland Park who can review your case, explain your defenses, and recommend the best path forward.
How Do Officers Prove You Were Under The Influence Of a Prescription Drug?
To prove you were under the influence of a prescription drug, the officer likely put you through a battery of coordination tests prior to arresting you. He or she may have even requested, or demanded with a warrant, that you submit to a blood draw. Because the natural side effects of a prescription include drowsiness, nausea, blurred vision, confusion, or dizziness, the government will argue that any lack of coordination was due to the use of drugs and prevented driving safely.
What Are The Penalties for Prescription Drug DUI in Kansas?
Just like driving under the influence of alcohol, the penalties for a prescription DUI conviction are determined based on the number of previous offenses.
The penalties for driving under the influence of prescription drugs include:
- First offense: A Class B misdemeanor, punishable by 48 hours to 6 months in jail and a fine of $750 to $1,000.
- Second offense: A Class A misdemeanor, punishable by 90 days to 1 year in jail and a fine of $1,250 to $1,750.
- Third offense: A third offense can be charged as either a Class A misdemeanor or a felony, depending on whether the prior DUIs took place within 10 years or after. This offense is punishable by 90 days to 1 year in jail and a fine of $1,750 to $2,500.
Fourth and subsequent convictions for a prescription drug DUI are also charged as felonies and carry the same penalties as a 3rd-offense felony.
Contact Our Prescription Drug DUI Lawyer Today
Few other DUI attorneys in Kansas have taken the Advanced Roadside Impaired Driving Enforcement (ARIDE) course overseen by NHTSA. The ARIDE course teaches officers how to identify drivers who are impaired by drugs or alcohol or both. Having taken the course, Attorney Adam D. Stolte knows exactly what the officers know. He understands the strengths of the course and, more importantly, its weaknesses and how the officers are trained to testify. Having such knowledge on your side during a prescription drug DUI case can be extremely advantageous in pursuing a favorable outcome.
Call Stolte Law, LLC at (913) 270-0497 to begin discussing your case with an experienced prescription drug DUI lawyer in Overland Park.