Driving under the influence (DUI) is a serious charge that can lead to very unpleasant penalties, including fines, the loss of your license, and even jail. While most people associate DUIs with alcohol, they may also be charged in relation to drugs, including prescription medicine.
Drivers may be charged with DUIs for prescription medication as long as they are sufficiently impaired to make it unsafe to drive. The fact that prescription medication might not be considered an illicit drug does not matter. Fighting a DUI may be a bit different if it is related to prescription medicine. We may challenge your charges if you were not informed by your doctor that your medicine could cause impairment or that it is unsafe to drive.
Begin your case with a free legal review from our DUI defense lawyers when you call the Liberty Law Team at (215) 826-3314.
How Can Drivers Be Charged with DUIs for Prescription Medicine?
Drivers may be charged with a DUI from prescription medication, very similar to how drivers may be charged for alcohol.
Signs of Intoxication from Prescription Medication
Signs of intoxication from prescription medication are often very similar to those from alcohol or illegal drugs. The police might notice a driver swerving or driving erratically and stop them for a suspected DUI.
Often, the police do not know what substance a driver may have taken when they arrest them for a DUI. That information is usually obtained later, after chemical testing.
Common symptoms of intoxication, whether from prescription medicine or something else, include:
- Swerving
- Speeding up and slowing down
- Excessive braking
- Driving too slowly
- Failing to notice traffic signs or signals
The Key is Impairment
It does not matter what substance you put in your system. The key factor of almost any DUI case is the driver’s impairment. While the impairing substance may be considered, the DUI charges may stand, whether it was alcohol, illegal drugs, or prescription medication.
There is no set legal limit for drugs or medications when it comes to DUI. As long as chemical testing shows that prescription medication was in your system, and the police observe clear signs of impairment, you may be charged.
Chemical Testing for Drugs and Medication
Chemical testing is often mandatory after a driver is arrested for a DUI, and it may reveal what kind of substance the driver had in their system.
Once the authorities know that a driver was impaired because of prescription medicine, they may move forward with DUI charges. Refusing chemical testing is possible, as the police are not allowed to force you to comply, but you will face additional charges, and the DUI may still stand anyway.
What if a Defendant Legally Obtained Prescription Medication Before Being Stopped?
The fact that your prescription medication came from a doctor may not protect you from DUI charges. Even legally prescribed and obtained medicines may lead to DUI charges if they cause impairment behind the wheel.
No Exceptions for “Legal” Prescriptions
People charged with DUIs often try to argue that they cannot be charged because the medicine was prescribed to them by a doctor. While this might be true, it does not negate a DUI.
Even legally obtained substances, including prescription medicine, may lead to DUI charges. Even alcohol, which is most associated with DUIs, is usually legally purchased and consumed before the driver is pulled over and arrested.
Know the Side Effects of Your Prescriptions
You must be aware of the side effects of any medication prescribed to you by a doctor. Your doctor is required to inform you of these side effects and how to use the medicine safely. If prescription medication may cause impairment and should not be taken before driving, your driver should advise you.
The fact that you did not know the side effects may not be enough to fight a DUI. If the side effects were explained to you, but you forgot or did not listen, you are still responsible and can still be charged.
Taking Medicine According to Your Doctor’s Orders
The fact that you followed your doctor’s instructions regarding how and when to take your prescription medicine does not absolve you of responsibility for the DUI. The law prohibits driving while impaired by any substance, even if it is legal and provided by a licensed medical professional.
Possible Defense to DUIs for Prescription Medicine
While it is possible to be charged with a DUI from prescription medicine, it is also possible to defend yourself with help from an attorney.
Involuntary Intoxication
Although many drivers claim they did not know it was unsafe to drive while taking certain medications, this is not much of a defense if their doctor advised them to avoid driving and they either forgot or ignored those instructions.
However, if a doctor misinformed you, things might be different. If you were told that your prescription medicine could not cause impairment, our DUI defense lawyers may be able to argue something like involuntary intoxication.
If successful, involuntary intoxication may be a complete defense.
No Proof of Actual Impairment
The fact that prescription medication is found in your system via chemical testing does not definitely proof that you were intoxicated or that the medication caused the supposed intoxication.
If the police do not have other evidence to support their claims that you were impaired, they may not have enough evidence to support DUI charges.
Alternative Medical Explanations
Some people experience trouble driving that may appear similar to intoxication because of a medical condition. They may also have a prescription for that medical condition, which would explain why chemical testing might reveal medications in the driver’s system.
It is possible that the authorities mistakenly believed the medication caused your impairment, when in reality, you were having a medical emergency behind the wheel.
FAQs About DUIs Related to Prescription Medicine
Can You Be Charged with a DUI from Prescription Medication?
Yes. You may be charged with a DUI from any intoxicating substance, whether it is alcohol, illegal drugs, or prescription medication.
How Do the Police Know That a Driver Has Prescription Medicine in Their System?
The police likely do not know exactly what substances are in a driver’s system when they initially arrest them for a DUI. They may figure it out after conducting mandatory chemical testing.
Can You Be Charged with a DUI from Prescription Medicine if You Followed Your Doctor’s Instructions?
Possibly. Taking medication according to your doctor’s orders is not a defense to a DUI. However, if your doctor misinformed you about the medication’s side effects, you might be able to argue that you unknowingly consumed an intoxicating substance and argue involuntary intoxication.
Can You Be Charged with a DUI if You Did Not Know the Prescription Medicine Would Cause Impairment?
Maybe. If your doctor had assured you that it was safe to drive while taking this particular medication, you may be able to fight DUI charges. However, if you did not know because you ignored your doctor’s orders or did not bother to review the information provided to you about the medication, you may need to find a different defense strategy.
Ask Our DUI Defense Lawyers for Legal Help with Your Case
Begin your case with a free legal review from our DUI defense lawyers when you call the Liberty Law Team at (215) 826-3314.