Are there any defenses to a DWI charge that involve prescription medications?
Yes, there are defenses to a DWI charge related to prescription medications. In Nebraska, the law states that a person may not be convicted of a DWI if the person can provide evidence that they were taking a prescription medication as ordered by their doctor. The person must prove that they were following all the directions the doctor gave them regarding taking the medicine. Furthermore, the person must also prove that the medication taken did not impair their ability to operate a motor vehicle. In addition to providing evidence that the medication taken did not cause the impairment, there is another defense that relates to legal drugs or medications. This defense relates to the responsible customer doctrine. This doctrine states that a person consuming legal medication is responsible for not driving if they know the medication will impair their ability to drive safely. This defense can only be used as a defense if the defendant can prove that they were acting responsibly by not operating a motor vehicle while under the influence of any medication. It is important for anyone facing a DWI charge to know all the legal defenses before entering a plea. An experienced attorney may be able to provide more information on how the law relates to prescription medications in Nebraska and what evidence is needed to prove the defense.
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