Are there any defenses to a DWI charge that involve prescription medications?
Yes, there are defenses to a DWI charge involving prescription medications in Washington. The most common defense is to prove that the driver was prescribed the medication by a doctor and was taking it as directed. In addition, even if the driver was taking the prescribed medication, they can still defend themselves if they can show that the medication did not significantly impair their ability to drive. In addition, Washington state law recognizes other defenses such as the "innocent ingestion" defense. This defense states that the driver took the prescription medication at the direction of a doctor and was unaware that it could impair their ability to drive. The driver must be able to prove that they had no knowledge that the drug was capable of impairing their ability to drive safely. The "emergency circumstances" defense can also be used. It states that the driver was taking the medication as prescribed by a doctor, but had to act under an emergency circumstances that made it necessary for them to drive, such as fleeing a dangerous situation or seeking medical help for a passenger. Finally, a driver can use the "unavoidable accident" defense, which states that the driver was taking the medication as prescribed and was unaware of its effects on their ability to drive, but still caused an accident that was unavoidable due to circumstances beyond their control. In any of these cases, the burden of proof is on the driver to show that their actions were reasonable and justified. Therefore, it is important for anyone facing a DWI charge involving prescription medications to consult a legal professional for advice and guidance.
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