What to Do When You’ve Been Arrested for a DUI Involving Prescription Medications

There are some estimates that almost half of adults in the United States are taking some kind of prescription medication, and many of these have side effects that can make it difficult for someone to safely operate a vehicle. In 2022, the Virginia State Crime Commission reported that charges for DUIs related to drug use increased from 2020 to 2021, even though overall DUI arrests decreased during that same timeframe. Many people aren’t aware that they can get a DUI related to prescription drug use until they’re pulled over and arrested. The more you know about the process and your rights, the better chances you have of fighting these charges with the help of an experienced DUI attorney.

Can You Get a DUI for Driving While Using a Prescription Medication?

Most people think of drunk driving when they think of a DUI charge, but it is possible to get a DUI for operating a vehicle while under the influence of prescription drugs — if those drugs affect your ability to operate the vehicle. Many people are under the assumption that as long as they have a valid prescription for the medication they can’t be charged. This is just not true. Even if the medication was legally prescribed by a doctor and the driver took the proper amount, they can still be charged with a DUI if the officer believes that they were showing signs of impairment.

How Is Impairment Determined Without a Legal Limit?

When someone is suspected of drinking and driving, the officer can ask them to take a chemical test like a Breathalyzer to determine their blood alcohol content. If it’s above the legal limit, they can be arrested for DUI. However, when it comes to prescription drugs, there are no set legal limits, and how much of a medication you have to take to be considered impaired can differ widely by substance. 

So, how can an office determine if you are driving while impaired from drug usage? In general, they base it on their subjective interpretation of your behavior. They may look for:

  • Difficulty speaking, including having trouble finding the correct words or slurring their words
  • Irregularities in the appearance of the eyes, including very dilated pupils, nonreactive pupils, pinpoint pupils, or bloodshot eyes
  • Being confused about where the person is or what’s happening
  • Having slow response times when answering questions or being asked to perform a task, such as showing their driver’s license
  • Shaking or having involuntary movements

Remember that police officers must have a reasonable articulable suspicion to believe a traffic violation has occurred to pull you over.  This is a very low burden, and can be as simple as a driving infraction, such as making a turn without a turn signal, that gives the officer a reason to stop you. Erratic driving behaviors, such as failing to stop at a stop sign or swerving in and out of lanes, can also indicate to officers that the driver may be impaired.

Potential Penalties for a DUI Related to Prescription Drugs

When it comes to a charge of driving under the influence, the potential penalties for a conviction are the same whether your charge is related to drinking alcohol or taking prescription medications. In general, a DUI is a misdemeanor in Virginia, but it can be upgraded to a felony if it is your third or subsequent offense.

The penalties for a DUI conviction include paying a fine, having your driver’s license suspended, and having to serve time in jail. For a first-offense DUI conviction, you face up to twelve months in jail, a minimum fine of $250, and having your driver’s license suspended for one year. The penalties escalate with subsequent charges, with a second-offense DUI conviction within five years carrying a minimum mandatory sentence of twenty days in jail, a fine of $500, and a license suspension of up to three years.

DUIs involving prescription medication use are unique in that it’s also possible to be charged with possession of a controlled substance without a valid prescription if you are found in possession of medications that aren’t prescribed to you. This can add additional charges and penalties to your case if you’re convicted.

Legal Defense Options

Any time you are charged with a crime, it’s important that you be aware of all of your defense options so that you can make informed decisions on how you want to proceed with your case. An experienced DUI attorney plays an important role in this. They will explain all of your options, discuss the pros and cons of each, and provide their advice on which option is best for your particular set of circumstances. Some of the potential options include:

  • Arguing that a field sobriety test or a chemical test was inaccurate
  • Showing that a medical condition mimicked signs of impairment
  • Arguing that the officer didn’t have reasonable articulable suspicion for the stop, which means that any evidence obtained may not be used as part of the case
  • Showing that you were acting in accordance with the instructions given by your doctor or that the medication you were taking had no known impairing effects

Being charged with a DUI for operating a vehicle while under the impairing influence of a prescription medication is a serious offense. Get help understanding your charges and what legal defenses may be available when you call the Law Office of Seth C. Weston at 540-384-4585. We are located in the City of Roanoke and represent persons charged with DUI  in the surrounding area and throughout Virginia.