Can I be charged with a DUI because of prescription drugs

I had a prescription for the drugs I was taking but I was still charged with DUI

The Colorado DUI statute allows for drivers to be charged with driving under the influence of drugs even if the driver has a valid prescription for the drug. If the drug is in your system and it is determined that the drug was impairing your ability to operate the vehicle then you will most likely be prosecuted for driving under the influence. The state still has to prove all of the elements of the charge, but the fact that this was a legally prescribed medication will not be a defense.

To determine if a driver is operating the vehicle while under the influence of prescription drugs the police officer will ask questions and conduct some voluntary field sobriety tests. The officer might also call in the assistance of a DRE officer. DRE stands for drug recognition expert. DRE officers have extensive training on detecting the presence of drugs in a driver. This officer will ask you to voluntarily complete additional sobriety tests. These additional tests are similar to the roadside field sobriety tests but may be conducted in a police station.

The arresting officer will also usually ask you to submit to a urine or blood test to determine whether or not there are drugs in your system. The urine or blood test will let the prosecutor know for certain whether or not the prescription drugs were in the driver’s system. The analysis conducted by the lab will also give some indication as to the levels of the drug present. This analysis can be tricky and usually involves a chemist, toxicologist or some other trained expert. The district attorney might also look at guides such as the physician’s desk reference or other literature that provides information about how the drug impairs the driver. The complications associated with a driving under the influence of drug charge make it wise for a driver charged with DUID to contact a local defense attorney who handles DUI and DUID cases.

Colorado DUI laws apply to all Colorado drivers who are caught driving under the influence, whether they have a prescription for the drugs or the drugs are illegal to use or posses. If you are being charged with DUID for driving under the influence of illegal drugs or prescription drugs you should contact a DUI defense attorney.