Are there any defenses to a DWI charge that involve prescription medications?

Yes, there are some defenses to a DWI charge involving prescription medications in Florida. The most common defense is known as the medical necessity defense, which states that the accused was taking prescribed medication at the time of the alleged incident and that it was necessary for their health, safety, and well-being. In order to demonstrate that this defense applies, the accused must provide evidence that the medication was prescribed by their physician, that it was taken in the dosage and frequency prescribed, and that the medication was responsible for the impaired driving. If these conditions are met, then the accused may be able to have the DWI charge reduced or dismissed. It is also important to note that the medical necessity defense does not apply to all cases. For example, if it can be proven that the driver was taking medication that was not prescribed to them, or if the driver was clearly under the influence of alcohol in addition to the prescribed medication, then the medical necessity defense cannot be used. It is important to remember that even if the medical necessity defense is successful, the accused will still receive a conviction on their driving record. Therefore, it is important to consult with a knowledgeable DWI attorney to learn more about what options are available and which defense is most appropriate for your case.

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Are there any defenses to a DWI charge that involve prescription medications?

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