How do I proceed if I was charged with DUI of a controlled substance but found out the medication I was taking is not a controlled substance?
Question Details: After work one night at around midnight. I had pulled over to put in my contacts. I was legally parked when a cop approached my window to check on me. Only when I started talking did I notice that I felt dizzy, woozy and a little messed up from my medication. I realized that I had not eaten all night (8 hours) before taking my meds. I performed roadside sobriety tests and failed because I was arrested. They drew blood at the jail and I was charged with "operating a vehicle while under the influence of controlled substance". I found out the medication actually isn't controlled.
Given the factual circumstances that you have written about and the charge against you for driving a motor vehicle under the influence of a controlled substance, I suggest that you consult with a criminal defense attorney with respect to your defense as stated in your question.
Most likely to go forward with your defense you will need to retain an expert to give testimony that the medication was not a controlled substance and that you were not under the medication's influence.