New York Criminal Lawyer Blog
Illegal prescription drug use continues to rise, and is becoming a greater problem for law enforcement, says a New York Criminal Lawyer. The number of DUI cases involving a prescription drug rather than alcohol also continues to rise. Unfortunately, prosecuting such charges can be rather difficult.
Many states don’t even have or require tests to quantify how what drugs might be in a driver’s system, nor is it always easy to prove that such a person is impaired. “What we and other states have run into historically is that there is a well-developed system to quantify the amount of alcohol in the human body,” a Florida prosecutor told a New York Criminal Lawyer.
He continued on to say: “…when you have an oxycodone or an opiate, we do not have a well-developed way to quantify the amount of drugs so that a jury can then compare that value to a standard established as an unlawful when operating an automobile.”
The prosecutor has already been involved in such a case, with a DUI driver in 2007. After a crash, an officer on the scene noticed the 33-year-old driver’s eyes were bloodshot, his eyelids droopy, and his speech slurred. A blood sample proved the presence of prescription drugs.
“The jury heard all of that and could not conclude that he was DUI with drugs beyond a reasonable doubt,” the prosecutor told a New York Criminal Lawyer. The jury acquitted the driver of the DUI charges.
When it comes to criminal court, you will need a strong ally at your side – someone like a New York Criminal Attorney. Your side of the story should be heard and a New York Criminal Attorney can tell it clearly, giving you the best possible chance for the best possible resolution.
The Office of Stephen Bilkis and Associates can offer you support and guidance as well as a free consultation when you contact us at 1-800-NY-NY-LAW. We have offices in New York City, including Brooklyn, Queens, Manhattan, Staten Island and The Bronx and in Nassau County, Suffolk County and Westchester County.