Prescription drug-related DUIs present us with unique opportunities to attack the prosecutor’s case. Unlike alcohol- or marijuana-related DUIs, there is no standardized amount to find, by law, a person is under the influence. If someone is within therapeutic ranges of their medication, then the argument can be made that they were not affected by the drug. What becomes crucial, then, is one’s medical history. Has the medication been prescribed? Has the medication been prescribed and taken properly? How long has the medication been prescribed for? Has the medication dosage changed recently? A person’s medical record can become very valuable in these kinds of cases.
Prescription drug cases also involve a type of law enforcement officer called a drug recognition “expert” whose job it is to subject a person to additional testing to rule out a medical event as the cause for the questionable driving, and to try to make a determination of the class of drug the person has consumed. While these particular officers have more training than your average cop, the more an officer works a case, the more they can do wrong.
You want an attorney who does not give cops the benefit of the doubt. After all, they didn’t do that for you. Bret Woody starts with the assumption that the cops have done wrong, and demands to be proven otherwise. It is the Prosecutor’s burden to prove their case beyond a reasonable doubt, and Bret holds them to their burden and hold their feet to the fire by critically reviewing the evidence and fighting for you every step of the way.