Many people know of course that it is illegal to drink and drive a car.
Many of these same people know that it's illegal to take illegal drugs and drive a car. However, many of these same people will take medication prescribed by their physician and drive a car even though the medication may be impairing their ability to drive and they do not see the dangers of using prescription drugs while driving.
In the state of Alabama any medication that impairs your ability to drive, including prescription medications and over-the-counter medications can result in a DUID (driving under the influence of drugs) even if you lawfully possess the medication.
Because it can be difficult to assess whether or not someone's ability to drive is impaired due to medication, the state of Alabama's standard for a DUID is called “incapacitation.” When a driver is determined to be incapacitated that means more than impairment, incapacitation means that the driver is unable to drive safely.
When someone is arrested for a DUID in Alabama it can be difficult for a prosecutor to demonstrate that the driver was unable to drive safely. The implied consent rule for drug testing does not apply in this situation unless the driver has caused physical injury or death. The implied consent rule would pertain if a police officer had reason to believe that the driver was using illegal drugs.
Because so many people seem to be on medication these days, most people do not consider the implications of driving while taking their medication. If you take medication it is your responsibility to be aware of the side effects as well as the effects the medication has on you personally. Not all medications affect people the same way, it is your responsibility to determine if you can safely drive or not based upon how the medication is affecting you.
In the state of Alabama it is not an acceptable defense in a DUID case to claim that you are legally in possession of a controlled substance and are legally able to use the controlled substance.
Driving under the influence of any drug that impairs you is illegal and extremely dangerous. In the state of Alabama, a driver arrested for driving under the influence of drugs can face the same penalties as a DUI.
Many drivers are wrongly accused of DUID. If you're arrested for a DUID, successfully fighting the charges can be tricky and requires that you hire a highly experienced Birmingham Criminal Attorney.
Contact Birmingham Criminal Defense Attorney Steven Eversole toll-free, fill out our confidential online case evaluation form or visit our office in downtown Birmingham.
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