Can you get a DUII even if you have a prescription for the drug? 5 Answers as of April 19, 2011

I got a citation in Oregon for driving under the influence of intoxicants (DUII). I have a prescription for hydrocodone. Is the citation legal or illegal because I have a prescription for hydrocodone.

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Harris Law Firm
Harris Law Firm | Jennifer C. Robins
Having a prescription for a certain drug does not prohibit law enforcement from charging a controlled substance DUII. It is actually quite common. The issue in a DUII charge is your level of impairment, whether from alcohol, illegal drugs, or prescription drugs.
Answer Applies to: Oregon
Replied: 4/19/2011
Harris Law Firm
Harris Law Firm | Lauren Schmidt-Dipaola
You can be charged with DUII even if you have a prescription for the medication you were taking. If the police officer believed that you were under the influence of a substance and it adversely affected your driving, then you can be given a citation for DUII.
Answer Applies to: Oregon
Replied: 4/7/2011
Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
If you are "under the influence" of hydrocodone and operating a motor vehicle, it is the same as if you are drunk on alcohol or high on a illegal drug (even if you have a prescription). You can be charged with DUII. That being said, the State often has trouble proving "drugged driving" cases so t is imperative that you get in touch with a lawyer who specializes in DUII cases.
Answer Applies to: Oregon
Replied: 4/4/2011
Harris Law Firm, pc
Harris Law Firm, pc | Robert Harris
Hydrocodone is a controlled substance. Whether you have a valid prescription is not an issue in a DUII. The only question is in your case whether you were under the influence of a controlled substance. Under the influence means whether you were adversely affected to a noticeable degree. If you had no prescription, you would also have been arrested for unlawful possession of a controlled substance.
Answer Applies to: Oregon
Replied: 4/4/2011
Edward A. Kroll, Attorney at Law
Edward A. Kroll, Attorney at Law | Edward A. Kroll
The citation is legal. If the police believe you were operating a vehicle, and were under the influence of a controlled substance (even a prescribed substance), then they can cite you. However, whether the state can prove you were "under the influence" is another matter entirely. There is a very standard procedure the police are supposed to follow when investigating a suspected "Drug DUII," but they often make errors in doing so. An experienced DUII attorney can look at these errors and often turn them into reasonable doubt, leading to a not guilty finding at trial. These kinds of cases can be quite complex, and require an attorney with in-depth knowledge of the law. I would strongly suggest talking to an attorney as soon as possible. In my time as a prosecutor and now, as a defense attorney, I've seen a lot of these types of cases, and I know how things work. This kind of charge can, and should often be fought. Please feel free to give me a call and set up a free consultation - we can discuss your options, the law, and the possibilities more in-depth. But whether or not you speak with me, you really should speak with an attorney as soon as you can.
Answer Applies to: Oregon
Replied: 4/4/2011
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