Driving Under the Influence (DUI) is a criminal charge most of us associate with alcohol or illegal drugs and controlled substances. But if you are taking certain fully legally prescribed medications, merely getting behind the wheel can be enough to be charged with DUI. This article will cover:
Unfair as it might seem, a substance you are taking legally, to fight an illness or condition, at the advice of your doctor, can land you in jail and disrupt your life for years.
This is because in Georgia, it is not the legality of the substance you are taking that matters for DUI charges, but the impact it can have on your ability to drive safely. After all, it is perfectly legal to consume alcohol, but not legal to do so and drive.
The same principle applies to an ever larger list of medications which the law has decreed are considered impairing enough to be illegal to drive under.
In Atlanta, its suburbs, and throughout the state, DUI laws make it illegal to drive while your abilities are impaired by a broad number of different medications. If your medication has warnings about any of the following side effects, or makes you feel any of these, chances are you should not be driving on it:
These are all conditions that can and do impact your ability to drive safely on Georgia roads; as a result, law enforcement takes them very seriously and can charge you for Driving Under the Influence if they determine that you were impaired by them.
If you are not sure whether your medication is considered risky for drivers, ask your doctor and carefully read both the package and the safety information and instructions within. Ignorance is not an excuse for impaired driving, and a valid prescription is not a legal defense.
Prescription-based medications are not the only legal substances you have to worry about, either. Many Over-The-Counter medicines and drugs can impact your ability to drive and land you in trouble with the law.
As with prescription drugs, the problem comes with the symptoms caused by the OTC medication. This puts a whole host of readily available pharmaceutical drugs in the danger zone, including many:
These are just some of the categories of risky OTC drugs, which can include many of the most common name-brand and off-brand substances in your medicine cabinet. If a medication’s package or notice warns you not to operate heavy machinery, you should avoid driving after taking it, as well; especially as you can sometimes be held criminally liable for having some in your blood a day or more after if it is detected after a DUI stop.
The reason prescription and non-prescription drugs can lead to DUI arrests has everything to do with how the police and the justice system evaluate impairment.
First, they look for signs of erratic or unsafe driving. In theory, they are only supposed to stop and question drivers after having seen such signs, which could include breaking any road laws like speeding or missing a stop sign, but also more ambiguous behavior like weaving within your lane.
Second, once you have been stopped, they will make judgment calls about your possible impairment based on your answers, attitude, appearance and behavior.
Third, if they believe you are impaired in some way, they may ask you to complete field sobriety tests, hoping that you will “fail” them in some way. Be careful; these tests are not obligatory, and even sober, mistakes can be made, so it is often best to politely refuse to complete them.
Finally, if they believe you are impaired and in any way “less safe” than the average reasonable driver because of something you have taken, they will put you under arrest and proceed to breath and blood tests to gather chemical evidence of what substances you might be on, including legal OTC and prescription drugs.
While police officers do not have a hard and fast list of behaviors associated with specific prescription drugs, they do watch carefully for a whole host of behaviors associated with any kind of impairment.
These include both physical symptoms, such as:
Or emotional tone and behavior, including:
As a result, it is vital to always stay polite, calm and controlled around police officers, as it is far too easy to spark suspicion and wind up facing DUI charges after a traffic stop.
If you are going to get behind the wheel in Georgia, the state believes it is your responsibility to avoid any substances that can impair your ability to drive safely, including prescription and OTC medicine. You should therefore always carefully check with your doctor when prescribed a new medication, and double-check by reading the safety instructions that come with your treatment.
However, it is also important to realize that you can be arrested and charged with a DUI on suspicion alone or have residual medication in your body that can lead to an arrest or conviction. You are never completely safe from arrest, and should not count on the police to be merciful or understanding.
Instead, whether you made a mistake or did nothing wrong, you should always hire an experienced DUI defense attorney to represent you, even at the very start of an arrest or investigation. In Atlanta, and throughout the state, drivers charged with any kind of impaired driving can count on George Stein to pursue every possible avenue of defense and secure dismissals, lighter sentences, or not guilty verdicts.
If you have more questions about prescription drug use and DUI charges, or have been arrested for drunk driving in Georgia, call The DUI Lawyer, George Stein, at (404) 681-4000 to protect your rights and future.
Attorney George Stein is a skilled lawyer based in Atlanta, Georgia, who has helped countless clients like you navigate the intricacies of DUI law. With years of experience, he is prepared to assist you in preparing for your DUI case so that dismissal or reduction of your charges and retention of your license are viable options.
Still have questions? Ready to get started? Contact George Stein, The DUI Lawyer, today to schedule an initial consultation.