If you were injured in an Atlanta accident caused by a driver under the influence of prescription medication, you may be surprised to learn that there is a good chance the driver will not be convicted for the Georgia DUI accident.
Driving while impaired by a medication is illegal in Georgia. Many prescription and over -the-counter medications have side-effects that can cause drowsiness, slow reaction time, encourage risk-taking behavior, or impair judgment. Even if a driver is obviously impaired, it can be difficult to prove that a medication was responsible because some drugs remain in the blood for several weeks. A driver who has been drinking is considered legally impaired when his blood alcohol content is .08, but there is no similar standard for drug impairment.
Not only is it hard to prove whether a driver who caused an Atlanta prescription drug accident was impaired by drugs, but many judges are hesitant to convict someone who takes prescription drugs as directed by a doctor. This is especially true if the driver says he was never warned of potential side-effects. DUI defense attorneys take advantage of this fact to fight Georgia DUI charges.
Fortunately, victims of Atlanta prescription drug accidents have other avenues by which they can obtain accountability for their losses. Any Georgia car crash victim who has been injured by the reckless behavior of another driver has the option to file an accident injury claim. The driver’s medication use can be taken into account, even if the driver was not convicted of a Georgia DUI in criminal court.
To learn more, contact Georgia DUI injury attorney Shane Smith at 866-979-1629. You can also download a free copy of Shane Smith’s book, I Was Hit By A Drunk Driver: What Do I Do Next? to learn about accident victim’s rights.