DUI Flashcards
1
Q
In non-alcohol DUI cases, is the presence of a prescription for an intoxicating substance (such as a pain-killer) a defense?
A
NO. The bottle and the doctor will clearly state that the patient is not to drive a motor vehicle while taking a prescription which affects motor skills. The patient is still under an obligation to only drive a motor vehicle when their faculties are not impaired, and can still be convicted of DUI if they breach this obligation and drive with their faculties impaired.
This is critical to explore with the jury pool during selection. We want jurors who understand that it is still a crime to drive while intoxicated even if the intoxicant is prescribed.
