Prescription Medications May Impair Driving And Lead To A DUI Arrest

Prescription medications may impair driving and lead to a DUI arrest

When you read the label on your medications, pay close attention to the advisory on whether it is safe to operate a vehicle. In some cases, driving after taking a prescribed medication can result in Pennsylvania drunk driving charges.

A recent sentencing in a Pennsylvania case is illustrative of what can occur. The case is an extreme example, but a cautionary tale nonetheless. A woman struck four pedestrians and then hit a building. She attempted to drive away, but another vehicle blocked her way. When police arrived, the woman admitted to smoking marijuana the night before the accident and receiving a methadone treatment the morning of the incident.

One of the pedestrians suffered serious injuries in the accident and the other sustained more minor injuries, such as bruises and cuts. Tests following the accident confirmed prescriptions medications, methadone and marijuana were present in the woman’s blood stream.

The Pennsylvania woman pleaded guilty to several charges and accepted a plea agreement that could result in almost two years in jail or prison time. She will also have several additional years of probation with frequent drug testing and chemical dependency treatment.

While the woman in this case had marijuana as well as prescription medications in her system, prescription medications alone can be enough to support a DUI charge and conviction.

Law as it relates to impairments caused by prescription medications

In Pennsylvania, it is unlawful to “drive, operate or be in physical control” of a vehicle while under the influence of one drug or a combination of different drugs, which “impair the individual’s ability to safely drive, operate or be in actual physical control of the movement of the vehicle.” The DUI definition does not distinguish between non-prescription or prescription drugs. A prescribed medication in a driver’s system can be the basis for a DUI charge.

In a 2011 case, the Pennsylvania Supreme Court found that it was not always necessary to have expert testimony that a certain amount of a drug causes impairment. In that case, an officer observed a driver who was off balance and having a hard time standing after she got out of her car. Her hands were also shaking as she tried to light a cigarette. In the officer’s training, he recognized these were signs of drug impairment. The woman failed three field sobriety tests and was arrested for DUI. A blood test revealed Diazepam (Valium) and Nordiazepam within the therapeutic range in her system.

The behavior that the officer witnessed along with the prescription medication in the woman’s system was enough evidence to support that the woman could not safely drive her vehicle while using the prescription medication. This case shows that prescribed medication taken as directed can still lead to impairment and a DUI conviction.

If charged with a Philadelphia DUI, it is important to contact an experienced criminal defense attorney as soon as possible. Defenses related to police mistakes might be available depending on the facts of your case. An attorney can also explain possible penalties and ensure your rights are protected throughout the case-resolution process.