People v. Brantley

Defendant was charged with DUI, and he submitted to blood and urine testing which revealed presence of alprazolam (Xanax), a controlled substance. Court granted Defendant's petition to rescind statutory summary suspension (SSS), as Defendant presented a valid prescription for Xanax. As Defendant had burden of making prima facie case for rescission of SSS, it was his burden to show that alprazolam did not affect his ability to operate a motor vehicle. Remanded for opportunity for Defendant to present evidence to show that he complied with prescription and could drive safely, and for State opportunity to present evidence to negate Defendant's claim.(CHAPMAN and CATES, concurring.)