Many people who have been arrested for DUI, it has not been because they were under the influence of alcohol. It’s a common misconception that a DUI means someone is drunk, had a lot of alcohol, and that’s why the DUI occurred. However, in these days, when a lot of people are on prescription medications, then they could also be arrested for DUI for being under the influence of prescription medication, and many people will have the prescription and have taken the amount that their doctor has prescribed, and not abusing that but taking the proper amount.
One thing that I would look at, obviously, is the level that’s in their system. A lot of times it may be in the therapeutic amount, meaning the amount that they’re supposed to take. If, coupled with that, there’s no actual bad driving – if it’s not seen that the person was driving, swerving, or doing any very egregious traffic violations – then there’s a good chance that the case can be dismissed because I have proper proof that the prescription drug was in the therapeutic amount, and many times a judge, or even a prosecutor, would dismiss the case because of those factors.