How To Respond To An OWI Charge Involving A Prescription Drug

17 January 2022
 Categories: , Blog


One of the more perplexing types of OWI charges involves a case where the defendant was using a prescription drug. You may wonder why the cop thought charges were appropriate, and you also likely want to hire an OWI attorney to put up a fight.

How you respond to the charges is important. An OWI lawyer will encourage you to do these three things.

Make Notes ASAP

Your recollection of the time of the traffic stop is likely to fade faster than you might expect. Make basic notes about what happened. Where was the stop? What was the prescription drug? Why did the cop think the stop was justified? Did you consume anything that might have caused an adverse reaction to the drug?

An OWI can work through your notes to make sense of the case. If something doesn't add up about the traffic stop, they can bring it to the court's attention. Likewise, they can study the prescription drug to determine how to present issues involving it to the court.

Document the Prescription

Foremost, a prescription defense against OWI allegations centers on the proper use of the drug in question. You will want to document the fact a doctor providing the prescription. Likewise, you'll need to show you were using the prescription at the appropriate time and per your doctor's instructions. This means providing paperwork that will attest to when the doctor issued the prescription.

Also, you will want to show you weren't using the drug outside of the manufacturer's indications. If there is a warning to not drive while on the drug, your odds of fighting an OWI successfully drop significantly. Conversely, driving while using a drug not known for causing reduced alertness, such as Adderall, could support your case.

Take Court Paperwork Seriously

More generally, all folks facing OWI accusations should handle everything involving the court with respect. When the cops charge you, they will hand you paperwork. Make copies and provide those to your OWI attorney. The same goes for anything the court sends you through the mail. Keep the originals in a safe spot.

You will need to be attentive to all timeframes involving the court. If the court sends you a notice for a hearing on a certain date, take it seriously. If the date isn't workable for you, ask an OWI lawyer to address the situation. They can usually ask the court to bump the date as long as you have a credible reason and aren't abusing the process.

For more information on how an OWI lawyer can help, check it out here.