Birmingham Prescription Drug DUI Attorney
Defending Those Accused of Abusing Prescription Drugs
Did you know you could face just as severe penalties for driving under
the influence of prescription drugs as driving under the influence of
alcohol? Under the Alabama DUI statute, §32-5A-191, a driver can
expect equal liability for drugged driving. According to the law,
"A person shall not drive or be in actual physical control of any
vehicle while: under the influence of a controlled substance to a degree
which renders him incapable of safely driving; under the combined influence
of alcohol and a controlled substance to a degree which renders him incapable of safely
driving; or under the influence of any substance which impairs the mental
or physical faculties of such person to a degree which renders him incapable
of safely driving."
What if I Had a Valid Prescription?
Even if you have a valid prescription, you could still be charged with
drugged driving if the medication hindered your ability to operate a motor
vehicle. Examples of prescription drugs that could affect your ability
to drive include:
Prescription Drug Abuse Is Taken Very Seriously in Alabama
Prescription drug DUIs are becoming more common as prescription drugs are
the most commonly abused drugs in the United States, behind only marijuana.
Alabama takes prescription drug abuse seriously and if you have been charged
with a prescription drug DUI, you need to take action immediately and
retain the services of an experienced DUI attorney. If convicted of this
crime, you could face loss of your driving privileges, jail time, fines,
a mark on your criminal record, and more.
In Alabama, the following can be imposed if you are convicted of drugged driving:
1st Offense: No more than 1 year of imprisonment, a $600-$2,100 fine, and a 90 day
2nd Offense within 5 Years: 5 days (mandatory) or up to 1 year of imprisonment or 30 days community
service, a $1,100-$5,100 fine, and a 1 year revocation of your driver's
license (or two years of having an ignition interlock device installed
on your car).
3rd Offense: Not less than 60 days and up to 1 year of imprisonment, a $2,100-$10,100
fine and a 3 year revocation of your driver's license (or 3 years
of having an ignition interlock device installed on your car).
4th or Subsequent Offense: A Class C Felony, 1 year and a day or up to 10 years of imprisonment,
a $4,100-$10,100 fine, five year driver's license revocation (or five
years of having an ignition interlock device installed on your car), and
you must complete a substance abuse program before your license can be
reinstated (penalties can be doubled if the driver was over 21 and there
was a child under 14 in the vehicle).
Call our team at Tidwell Law Group, LLC today!
Because drug impairment cannot be measured as easily as alcohol impairment,
our attorneys will do everything possible to prove that you were unaware
of the effects the drugs would have on you, when you got behind the wheel.
For the skilled criminal defense you need on your side, do not hesitate to
contact The Tidwell Law Group, LLC and to get over a decade of legal experience on your side. We represent
clients living in Birmingham and the surrounding areas.