The prescription drug defense, and there is a defense, to come in and say, “Look, I know I had that in my system, but it was prescribed to me by a doctor, and all I was doing was following my doctor’s orders, and are you really gonna prosecute me for doing nothing more than following my doctor’s orders?”, that defense is available in the criminal arena. So you can come into your criminal jury trial and say, “Hey, look. Here’s the prescription. Yes, I had the Oxycodone in my system, but it was prescribed to me by a doctor.” And that is a defense to the charge of driving with a detectable presence of a Schedule 1 or Schedule 2 controlled substance.

The problem is, is that they also revoke your driver’s license for it, and it is not a defense in the civil arena when you sue to get your driver’s license back. So it is a defense to the crime, but it isn’t gonna keep this from landing permanently on your driving record. Again, this is something that absolutely should be fought. You need to get a hold of a lawyer immediately upon receiving a notice of revocation for these reasons.