Can You Get a DUI Charge for Prescription Medication Use?
July 24, 2024
Many people make the mistake of thinking that driving under the influence (DUI) charges are reserved solely for people who get behind the wheel after drinking alcohol. In reality, this classification of criminal charges is much broader; it also includes being impaired by prescription medications. It is up to you to know what you are taking and how it may impact you as a driver. If you have been charged with DUI, it is essential that you contact an experienced attorney today.
Can Prescription Drugs Affect How You Drive?
There are certain prescriptions that you may be taking legally that can impair your ability to drive, including:
- Anti-anxiety medications, such as Xanax
- Pain relievers, such as Oxycontin
- Antipsychotic drugs
- Certain types of antidepressants
These substances are classified as controlled under federal and Pennsylvania law. Doctors may legally prescribe them to you, but it is up to you to take them in an appropriate manner and to avoid taking them before you drive. These medicines can make you drowsy, and they can even result in you driving erratically. There may be little difference between prescription medications and alcohol in how they impact your driving.
Does Pennsylvania Law Prohibit Driving When Taking Certain Controlled Substances?
In Pennsylvania, the law is phrased as both driving under the influence of alcohol and controlled substances. There are certain prescriptions that are considered to be controlled substances. Although you may have a prescription to use it legally, you still are not allowed to drive when these drugs impair your ability to drive safely.
The officer may notice that you have been driving erratically, and they may pull you over based on a reasonable suspicion of drunk driving. Alternatively, the officer may decide that there is probable cause to subject you to testing after you have been involved in an accident.
You would face the same penalties and consequences when you are convicted of driving under the influence of prescription medication as you would face if you had consumed alcohol. There is a potential for jail time and the mandatory loss of your license. For a first DUI offense, you can face up to 72 hours in jail and a fine of up to $5,000. Any DUI conviction can significantly change your life and leave you with a criminal record.
Can DUI Charges Rely on Physical Evidence?
One of the major issues with traffic stops that are based on suspected drug use is that there is no roadside test to detect the presence of controlled substances. Law enforcement would need to administer a blood test to detect the presence of drugs. First, they would need to arrest you on suspicion of impaired driving. Second, they would need to obtain a warrant that is based on probable cause that allows them to draw your blood to test for prescription medication.
If the DUI charges rely on a blood test, you may have an opening to challenge the charges against you if there are flaws with the evidence. For example, the blood may not have been drawn properly, or there could be issues with the chain of custody for the evidence that law enforcement is trying to use against you. An experienced attorney will review your case and help determine whether there are any defenses that you may use to contest the charges.
Contact a West Chester DUI Defense Lawyer at the Law Offices of Heather J. Mattes
If you are facing charges for driving under the influence, reach out to a West Chester DUI defense lawyer at the Law Offices of Heather J. Mattes. You should never try to face the criminal justice system on your own, especially because you may not know the full consequences of a DUI conviction. Use our online contact form or call us immediately at 610-431-7900 to schedule a free initial consultation with a DUI defense lawyer. Our office is in West Chester, Pennsylvania, and we serve clients in Chester County, Bucks County, Delaware County, Lehigh County, Montgomery County, and Philadelphia County.
