Can You Be Charged With a DUI While on Prescription Medicine?

You can get a DUI for driving while impaired by drugs. Drug DUIs include illegal drugs and prescription medications. If it impairs your driving, it’s illegal to drive under the influence of drugs—even if your doctor prescribes them.

Many drivers aren’t aware they can be arrested and charged with a drug DUI for prescription drugs. Explaining the situation to the police probably won’t help. A DUI defense lawyer can explain your options and give you legal advice. If you get arrested for a DUI while taking medication prescribed by a doctor, talk to a DUI defense attorney.

Can You Get a Prescription Drug DUI?

When most people think of driving under the influence (DUI), they think of alcohol impairment. But state laws for impaired driving include drugs. A driver is guilty of driving under the influence if they are impaired by alcohol, drugs, or a combination of drugs and alcohol.

Most state DUI laws define drugs broadly as any substance that affects a person’s ability to drive safely. This includes illegal narcotics like cocaine, heroin, and methamphetamines. But it also includes valid prescription medications like opioids, sleeping aids, and antidepressants.

Driving while impaired (DWI) by drugs is against the law because drugs can impair your brain, nervous system, and motor skills. Many drug warning labels include caution against driving or operating heavy machinery while under the influence of drugs. Side effects of medications can include:

• Drowsiness
• Blurred vision
• Difficulty concentrating
• Dizziness
• Delayed reaction time

What Medications Impair Your Driving?

Many legal drugs can impair your driving. Even some over-the-counter medications and supplements can affect your nervous system, brain, or muscles to the point that they impact your driving. Commonly prescribed medications that can impair a driver’s ability include:

• Opioid painkillers (hydrocodone, fentanyl, codeine, oxycodone, and Dilaudid)
• Sleeping pills (Ambien and Lunesta)
• Antipsychotic medicines
• Antiseizure medicines
• Anxiety drugs (like Xanax)
• Antidepressants
• Cannabis and marijuana derivatives

Combining drugs with alcohol can be dangerous. Alcohol can increase the impairing effects of many types of medications. Don’t drink alcohol in combination with medications without consulting your doctor.

Can You Tell the Police You’re on Medication?

If the police pull you over and suspect you are under the influence, you can tell the officer you’re taking prescription medications. But this may not save you from DUI charges. A prescription isn’t a defense to a drug impairment DUI. You can face a DUI arrest for driving a motor vehicle under the influence of any controlled substance, including prescription drugs.

You could also face drug possession charges if you’re in possession of prescription medications and don’t have a valid prescription.

Talk to your doctor or pharmacist if you’re unsure whether your medications will impair your driving. If you have a new prescription, make sure you understand how the drugs will affect your driving ability before getting behind the wheel.

How Do Police Test for Prescription Drug DUIs?

Police officers can test for prescription impairment in the same ways as drugs and alcohol. The National Highway Traffic Safety Administration (NHTSA) has training programs for police officers. They can get drug recognition expert training, which gives them tools to evaluate drug-impaired drivers and the types of drugs involved.

Law enforcement officers can look for any signs of impairment during a traffic stop. Depending on the type of prescription medication, signs of possible impairment may include:

• Smell of drugs
• Slurred speech
• Increased heart rate
• Dilated pupils
• Lack of coordination
• Slowed reflexes
• Impaired vision
• Impaired concentration

Police officers can ask the motorist to submit to field sobriety tests. These include the horizontal gaze nystagmus (HGN) eye test and divided attention tests (one-leg stand and walk-and-turn tests). Unfortunately, these tests are not always reliable. Even sober drivers can fail them.

If the police officer has probable cause to believe the driver is impaired, the arresting officer can have the driver submit to a blood test. A blood test will test for the presence of alcohol and other substances, including:

• Central nervous system (CNS) stimulants (methamphetamine and cocaine)
• CNS depressants (alcohol, barbiturates, and antidepressants)
• Hallucinogens (LSD, MDMA, and psilocybin)
• Dissociative anesthetics (PCP and ketamine)
• Narcotic analgesics (fentanyl, heroin, and OxyContin)
• Inhalants
• Cannabis

What Are the Penalties for a Prescription Drug DUI?

Prescription drug DUI penalties are the same as for a drug DUI. However, a judge may be more willing to reduce the penalties if they believe the driver was unaware the drugs could impair their driving ability. Penalties for a first-offense misdemeanor drug DUI can include:

• Fines and fees
• Jail time
• Suspended license
• Drug education and substance abuse counseling

Drivers arrested for an alcohol DUI can usually get a restricted license with an ignition interlock device (IID). Unfortunately, IIDs are not available for drug DUIs. However, some drivers can get a restricted license to drive to work, school, or medical appointments.

How Can I Defend Myself Against a DUI if I Was Taking Medication?

If you were arrested for a drug use DUI, you have several legal defenses available. Possible defenses can include:

• Inaccurate blood tests
• Lack of probable cause for an arrest
• Unlawful search and seizure
• The drug effects wore off before driving

Your lawyer can evaluate your DUI case and explain your legal options. Your DUI lawyer can also negotiate with the prosecutor to help you avoid a criminal record. They can negotiate for a diversion program to drop the charges after you complete the program. For more information about your legal rights after a drug DUI, talk to a DUI criminal defense lawyer.