DUI charges are not based solely on the consumption of alcohol. You can be charged with DUI if caught driving while impaired by prescription drugs. The penalties for prescription drug DUIs are just as severe as those for alcohol DUIs, and you may potentially face other criminal charges if there is an issue with your prescription. An attorney can help.
Clients choose and recommend Whalen Montalvo because we have a consistent history of getting optimal results for our clients. Led by attorneys James Whalen and Eric Montalvo, we look at criminal charges as simply a starting point and vigorously seek to reduce them or get them dismissed or dropped altogether.
Choosing Whalen Montalvo means choosing a firm with:
We don’t give the state an inch when they are prosecuting our clients. If you need an aggressive, effective defense, you’ve come to the right place.
Our prescription drug DUI defense lawyers in South Carolina are ready to meet and discuss your defense. Don’t delay. Protect your freedom today by calling (864) 770-7710.
A prescription drug DUI occurs when your driving is impaired by prescription medication. Although there is no roadside or police test for the presence of prescription drugs, officers can gain probable cause for a prescription drug DUI with other evidence of impairment.
For example, if you are swerving and an officer pulls you over, they may notice physical signs and behaviors indicating the use of an impairing substance, such as slurred speech and dilated pupils.
The penalties for a DUI for prescription drugs are the same as for an alcohol DUI. First-time offenders face a misdemeanor with:
You will also be required to pay assessments and surcharges. Subsequent offenses carry more severe punishments, which include more jail time, fines, and a longer license suspension. A fourth offense could mean up to five years in jail and permanent license revocation. In the event of grave bodily injury or death, you could see up to 25 years behind bars.
Clients turn to Whalen Montalvo because our criminal defense attorneys know how to obtain favorable results for our clients.
The following information will help you further understand DUI prescription drug charges and repercussions. Call our office for more details if you have further questions.
What is the statute of limitations for a DUI for prescription drugs?
Unfortunately for many, South Carolina does not have a statute of limitations for DUIs or any other crime. The state may commence criminal proceedings against a person no matter how much time has passed since an incident.
Will I lose my license if I am convicted of DUI for prescription drugs?
Yes. You will face an automatic six-month driver’s license suspension if you are convicted of a prescription drug DUI for the first time. For subsequent offenses, the suspension time is considerably longer. A second prescription drug DUI will net you a one-year driver’s license suspension, and a third offense buys you a suspension for two years. For a fourth offense, you could be looking at permanent license revocation.
Do I really need a defense attorney to represent me?
Yes. All criminal defendants deserve and need a robust defense from a qualified criminal defense lawyer. Without an attorney, you face the harshest, unmitigated penalties from the state, which may have a weak case that a competent attorney can tear apart.
What are the most common prescription drugs in prescription drug DUI cases?
Numerous types of prescription drugs show up in DUI cases, including:
Depending on the type of medication, driving while impaired by a prescription could cause a driver to experience dizziness, drowsiness, fogginess, slow reaction time, and loss of coordination.
Our team is always ready to answer your questions. Reach out to our office at your convenience when you need answers and information about prescription drug DUIs or any other legal matter.
Getting a prescription drug DUI charge is not the same as getting a conviction. After you are charged, a DUI defense lawyer can attack the prosecutor’s case and obtain an optimal result that protects your future.
Arrested for prescription drug DUI? Protect your future and contact Whalen Montalvo for a consultation with a prescription drug DUI defense lawyer. Call number (864) 770-7710 today.
I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.
I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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