How could fentanyl affect a DUI case?

On Behalf of | Oct 21, 2021 | Drug Charges

A drunk driving charge has the potential to change a person’s life through various penalties that may include time behind bars, expensive fines and more. There are certain factors that could exacerbate the serious nature of DUI penalties, including driving while in possession of or under the influence of a substance such as fentanyl. A North Carolina defendant facing aggravated DUI charges or other types of charges related to fentanyl possession would be wise to learn about his or her defense options. 

Fentanyl possession and drugged driving 

It is illegal to possess fentanyl without a prescription or to possess more than the prescribed amount. If a driver is caught with this type of substance in his or her possession while driving, it can result in fines, license suspension and other ramifications. Drugged driving can result in many of the same criminal penalties as a DUI. It is possible a prosecutor may pursue aggravated DUI charges for driving while under the influence of this type of drug. 

Many assume fentanyl is a Schedule I substance, which would lead to aggravated DUI charges. In reality, it is a Schedule II substance, meaning that it would not qualify for aggravated charges. Misunderstanding of the status of this drug could complicate a DUI case. 

Fighting the prosecution’s case 

When facing a drugged driving charge, DUI or drug-related offense of any kind, it is in the interests of a North Carolina defendant to act quickly to develop the most appropriate defense strategy. With the right help, it is possible to create a defense plan that allows one to effectively confront the prosecution’s case. There is much at stake, even for a first-time offender, and a strong defense is crucial.  

 

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