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Prescription Drug DUI Accomplished Legal Professional Using Insights from Both Sides of the Law

Cumming Prescription Drug DUI Lawyer

Ferocious Representation to Help You Fight the Charges Against You

When most people hear “Driving Under the Influence,” they picture a drunk driver or someone under the influence of illegal drugs like cocaine or methamphetamine. It is unlikely that a person appropriately taking prescription drugs prescribed by their doctor would come to mind, but it has become more and more common for someone taking their legal medications to be charged with a DUI.

It is not illegal to take prescription medication and drive, so it is important to be prepared to defend yourself if you are arrested in Georgia for DUI while only “under the influence” of your prescribed medication. Taking medication does not automatically make you an impaired driver, and you will need an experienced Cumming prescription drug DUI lawyer who understands that and will be able to defend you in court.

Reasonable Suspicion of DUI

In the state of Georgia, an officer of the law needs to have “reasonable suspicion” that you may be impaired to pull you over. While this may result in a ticket or other inconvenience for the average citizen who is not impaired, the situation can quickly change if you currently take any prescription medications. If an officer of the law believes you may be impaired while driving, they may ask you about any drugs you take, including prescriptions, and you might be asked to take a blood test.

It is likely that the state will proceed with prosecuting your DUI charge if the blood test comes back positive, regardless of whether or not you have a prescription for the substance in question. You can refuse chemical testing, but the refusal to submit to a blood or breath test can be used against you in a court case.

Unsafe Driving Because of Medications

The question the state will be asking is whether the medications you are taking or the interactions of multiple medications made you unsafe or less safe to drive. Whether your driving was impaired by your medication is a judgment call on the part of the police officer, who may not be correct. The likelihood that the state will choose to prosecute is increased if there was an accident or if your driving was extremely poor. Failure to maintain your lane, following too closely, and reckless driving will all make it more likely that you will be charged. Another factor that determines if the state will prosecute is if a blood test determines that the amount of the substance in your blood “exceeds therapeutic levels”; that is, that you had taken more the prescribed dosage of the medication.

Can Medications Cause DUI?

There is no law that prevents people who take prescription medication from driving. Officers of the law may not be familiar with the therapeutic levels of drugs, so it is crucial that your legal representation is well-versed in defending drivers who have been arrested for a DUI when they have only taken prescribed medication. This is especially important if breath or blood tests detect alcohol in your system. Prosecutors and law enforcement officers often assume, and argue, that even a small amount of alcohol will cause dangerous impairment when mixed with prescription medications. This is not scientifically accurate. To effectively defend you, your attorney must have medical experts like pharmacologists and toxicologists who understand what the interaction between alcohol and your specific prescription might be and be able to testify to that fact.

The Experienced Representation You Need

In the case of a DUI charge due to prescription medication, you do have an advantage that very few other DUI defendants have: the empathy of the jury. A strong social stigma exists around DUI charges, and there is a very real possibility that stigma will influence opinions inside the courtroom. However, many people regularly take prescription medications and are more likely to be able to empathize with your situation.

Do not forget that in the United States you are innocent until proven guilty, and you always have the right to defend yourself. A prescription drug DUI is very different from an alcohol DUI. It requires a different area of expertise and a different approach to your defense. If you are charged with a prescription drug DUI in Georgia, make sure you reach out to a Cumming DUI attorney with experience in defending drivers like yourself.

Reach out to a member of our team today at (678) 257-4507 to find out how we can help you!

 

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    "Attorney Epps and his paralegal, Elicia, worked wonders for me!"
    Attorney Epps and his paralegal, Elicia, worked wonders for me! It was a really scary time, and they both reassured me and got the best result I could have hoped for for my case.
    - Lucie F.
    "I am so grateful for meeting this man."
    I don’t even know where to start when it comes to Kyle Epps. I walked into his office 3 years ago and the charges I had called for prison time. He gave me an outline on what to do, and of course, I said I’ll do this and this but not that. He pushed me hard and gave me every tool I needed to stay free. Three years later I went to court and walked out just about a free man. Not only didn’t his way work in the courtroom but it’s changed my life in every single way you could imagine. He was very stern, but he totally knew what he was talking about. His plan is 100%, it’s just a person has to do the footwork. He’s very professional and his team is on top of everything so you don’t slip through the crack. I am so grateful for meeting this man, I would not be the person I am today clean and sober if I didn’t walk into that office 3 years ago.
    - Anthony C.
    "Kyle and Elicia were beyond fantastic!"
    Kyle and Elicia were beyond fantastic! I never dreamed like most people that I would be faced with being told I want a divorce, especially after 15 years years. But they were there to make the process as easy as possible and as civil as possible and keep the kids 1st. I eventually made it through still sane all thanks to Kyle and his team. I can't say enough great things and another HUGE plus is they were beyond reasonable cost-wise! They will be my go-to for any other needs in the future.
    - Amy B.
    "I trusted him. This was the best decision I made."
    After researching for several days, I spoke to several attorneys and, The Epps Law Group was my final choice to represent me for my Simple-Battery case. Before I hired this team, I spoke to Attorney Kyle Epps directly, which made a big difference. He outlined a plan for me and said, “if you stick to the plan I give you, you will be ok”. As vague as that response was, I trusted him. This was the best decision I made.

    From the moment I began working with their team, I spoke to one of their Paralegals, Elicia Davis, assigned to my case. I cannot express how knowledgeable, non-judgmental and helpful Elicia was with navigating me through my case. It was my first time dealing with the Forsyth County courts and legal system and I had gone through an emotional rollercoaster for the first couple of months. Elicia checked in constantly throughout the early stages and did everything she could to comfort my anxiety and stick to Attorney Kyle Epps’ plan.

    As promised, I stuck to the plan 100% and I received news that my case was dropped, I no longer needed to go to court and I only need to address a fine and attend classes. I strongly believe that Attorney Epps’ work experience in the Forsyth courts, relationships with the prosecutors, and background as a police officer in Forsyth County gives his clients an advantage. He is well respected and is more than familiar with the process. His plan works and I honestly believe I would not have had the same outcome if I did not have The Epps Law Group on my side.
    - Earl A.
    "Good work, Kyle, and thanks again!"
    Kyle did his job well for me. I was struck with a DUI last year. Knowing nothing about this I hired Kyle, due to his extensive background in law enforcement and the knowledge he provided. He laid out everything about the case during our free consultation, and it made sense. He saved my license by calling for an ALS hearing and got my charge knocked down to reckless driving. I would never have been able to do that myself, especially with an already busy schedule. Good work, Kyle, and thanks again!
    - Dylan P.
    "Kyle was amazing to work with!"
    Kyle was amazing to work with! He highly exceeded my expectations and was very friendly and helpful. I have had other family members work with him and he has been overly helpful and an amazing experience to work with!!
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    "Kyle did a great job on my daughter’s case, and we are very thankful."
    Kyle did a great job on my daughter’s case, and we are very thankful. Things would have been much different had we not had him as our attorney. Communicating with his office is so easy. They have a client portal that you can log into to see appointments, documents, and messages. Elicia, his paralegal, is a pleasure to deal with as well. Highly recommend Kyle.
    - Diane K.
    "He exceeded my expectations at every point."
    Kyle helped me with a family law matter and also with having a stolen car returned. He exceeded my expectations at every point. He was always available, thoughtful, knowledgeable, courteous and matter of fact. From the beginning, I always felt he had my back. If any of my friends, family, or acquaintances ever need an attorney, I will recommend Kyle.
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Uniquely Experienced Defense Attorney

With a background as a police officer, prosecutor, and Judge Pro Tem, The Epps Law Group can provide you or your loved one with detailed and trusted representation. Our attorney has been involved in the criminal justice system for more than 30 years. Put our experience on your side.


 

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  • Dedicated Team
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    The knowledge that comes from a former police officer to serve clients needing accomplished criminal defense representation.
  • 30 Years of Experience
    Over 30 years of legal experience as a prosecutor and Judge Pro Tem, we can use insights from that experience to help you.