If you’re taking prescription drugs and they impact your ability to drive you may be liable to a special category of DUI conviction.


If you’ve taken a prescription drug that is legal in Pennsylvania you can still be found guilty of a DUI charge if you are found to be intoxicated by the drug to an extent that it reduces your ability to drive safely.

Even if the medication you are on is a valid and legal script, if it impairs your ability to drive, you can still be charged and convicted. This is one area of DUI law on drugs, which many people overlook.

Just because you’ve taken legal medication, it doesn’t mean you can’t be convicted.


Driving with prescription medications

All states have DUI laws that prevent you from driving with a certain amount of alcohol in your system. Many states, including Pennsylvania, also have laws against driving with drugs, but for the most part, these are restricted to illegal drugs such as marijuana. However, there is another category of DUI which many people don’t think about, and this includes many legal medications that we all may take through a prescription at one time or another.

All states have DUI laws that prevent you from driving with a certain amount of alcohol in your system. Many states, including Pennsylvania, also have laws against driving with drugs, but for the most part, these are restricted to illegal drugs such as marijuana. However, there is another category of DUI which many people don’t think about, and this includes many legal medications that we all may take through a prescription at one time or another.


Driving with prescription medications

All states have DUI laws that prevent you from driving with a certain amount of alcohol in your system. Many states, including Pennsylvania, also have laws against driving with drugs, but for the most part, these are restricted to illegal drugs such as marijuana. However, there is another category of DUI which many people don’t think about, and this includes many legal medications that we all may take through a prescription at one time or another.

These cases focus on the impact an ingested substance had on you as a driver rather than what that substance was. In such situations, you’ll be charged under the impairment DUI laws. These can be more difficult to prove and you will have greater scope for defense.


What to do if you’re charged

If you are charged with an impairment DUI you could face a fine, suspension of your driver’s license or even a jail sentence. However, there is much you can do. If you consult an expert attorney, he or she will be able to make representations on your behalf, increase your chances of having a case dismissed or, in some situations, appeal against a conviction.


This can be a difficult area for everyone. It’s easy to assume that because you’ve been given
medication by a qualified physician it doesn’t apply to you. Unfortunately, that is not always the case. So, if you are charged with DUI for prescription drugs, it’s important you understand exactly what the law says and what recourse you have under the law to get the case dismissed.


Medical marijuana cannot hide from DUI charges
Many states now allow legal marijuana for some medical and recreational use. However, if you’re found to be driving under the influence you will still be found guilty of an impairment DUI charge.

Remember, when a police officer pulls you over for suspicion of a DUI charge, their goal proving that you were driving impaired.
or under the influence of the drug. They will look at physical signs such as impaired speech, bloodshot eyes or difficulty with movement.

If you have been charged with a DUI from a prescription drug, we need to talk. Use my calendar below to set up a free 20 -minute consultation.

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David Wenger III, Attorney at law

 

 

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