Can You Get a DUI on Legal Drugs?

You may be surprised to learn that you can get arrested for driving under the influence (DUI) or driving while intoxicated/impaired (DWI) even if you haven’t touched alcohol or illegal drugs. That’s because most DWI/DUI laws in the U.S. focus on whether a driver is “impaired,” not what caused the impairment. As a result, drivers experiencing effects from certain prescription or over-the-counter (OTC) medications could find themselves facing DWI/DUI charges.

In this article, we’ll explore some of the basics behind these DWI/DUI cases. We’ll also examine potential consequences and how to mitigate them. State law governs in this area, so the specifics will depend on jurisdiction.

If you’re dealing with a DWI/DUI arrest or charge, consider speaking with a DWI/DUI lawyer licensed in your state. They can explain the options and defense strategies that might be available to you under the circumstances. A qualified DWI/DUI defense attorney can also help negotiate with prosecutors.

DUI/DWI With Alcohol vs. Medications

DUI and DWI are criminal charges used when someone is caught driving a vehicle under the influence of alcohol or drugs. It’s generally considered a criminal offense. Precise definitions vary by state, and many use the terms interchangeably, as we’ll do here.

Depending on the circumstances, a DUI/DWI can be a misdemeanor or felony. Unless there are aggravating factors, first-time offenders usually face misdemeanor criminal charges.

Legal Limits for Alcohol

Most states consider adults with a blood alcohol concentration (BAC) of 0.08% or higher to be impaired or intoxicated. As such, they have per se drunk driving laws that make it illegal to drive with a BAC above this limit.

Is There a Limit for Legal Drugs?

There’s no legal limit for what constitutes driving under the influence of drugs (that are legal), the way there is for alcohol. Instead, states use broad impairment-based laws. They focus on whether a person’s ability to drive safely is impaired, no matter what caused the impairment.

Do DUI Laws Apply to Prescription Drugs or OTC Medication?

Both prescription medications and over-the-counter drugs can have effects and side effects that impair a person’s driving ability. You could face DUI charges under either category of drug.

Both OTC and prescription medications might cause conditions like:

• Drowsiness
• Dizziness
• Blurred vision
• Slowed reaction time

These and other effects of over-the-counter (OTC) or prescribed medications have the potential to impair someone’s driving.

How Does Law Enforcement Determine Impairment By Legal Drugs?

States enforce impairment-based laws for legal drugs using a combination of evidence. This might include:

Law Enforcement Observations

Provided the officer has reasonable suspicion for the traffic stop, they may make observations of driver impairment at the scene. This could include slurred speech, bloodshot eyes, or difficulty following instructions.

Field Sobriety Tests

Law enforcement officers may use field sobriety tests to check for drug impairment. These are designed to assess a driver’s coordination, balance, and other motor skills.

Drug Recognition Expert (DRE) Testimony

Sometimes an officer may suspect impairment and stop a driver. But the breathalyzer registers little to no alcohol. If the suspicion continues, they may bring in DREs. These are specially trained officers who use a standardized 12-step evaluation process to determine impairment.

Chemical Testing

The state may use urine or blood tests to detect the presence of drugs. However, since there’s no legal limit for most prescription/legal drugs, prosecutors typically use these test results alongside behavioral evidence.

In fact, they often combine these and other types of evidence to establish impairment.

Which Medications Will Impair My Driving?

Several legal drugs can affect someone’s ability to drive safely and lead to an OTC or prescription drug DUI. See some of the more common examples below. Note that this list doesn’t cover all medications that can affect driving.

Muscle Relaxants

Not surprisingly, muscle relaxants like cyclobenzaprine often dull physical coordination. Some drivers taking these medications may also experience drowsiness or lightheadedness.

Antidepressants

One of the most popular antidepressants, Prozac, may cause dizziness/drowsiness in some people. Similarly, Effexor is another one that could make someone feel sedated or dizzy.

Opioids

Health care providers prescribe opioids like Vicodin for pain relief regularly. The effects of these controlled substances can make it hard for users to stay alert and respond quickly while trying to control a motor vehicle.

Antihistamines

Antihistamines like Benadryl can also potentially affect one’s driving. Common side effects include drowsiness, slower reaction time, dizziness, and impaired coordination. All of these have the potential to affect driving ability.

Benadryl is known as a “first-generation” antihistamine, which typically causes more drowsiness than the “second-generation” drugs like Claritin. Yet, some people may still experience dangerous side effects on “non-drowsy” antihistamines. 

Sleeping Pills

OTC and prescription sleep aids, like Ambien, can obviously cause drowsiness. Side effects may include slowed reaction time, confusion, and impaired coordination.

Stimulants

Stimulants like Adderall and Ritalin have the potential to affect some people’s driving. These types of medications might cause:

• Hyperfocus
• Restlessness
• Reduced situational awareness
• Increased risk-taking behavior

As these medications wear off, some users may experience fatigue or a “crash,” which can also impair driving in certain situations.

Benzodiazepines

Many benzodiazepines can cause impairment. Xanax, an anti-anxiety benzodiazepine, may cause sedation and slowed reflexes. Valium is another one used for anxiety, muscle spasms, and seizures. Under certain circumstances, it may bring on drowsiness, slowed reaction time, and poor coordination.

So, even the correct dose of OTC or legally prescribed medicine could lead to criminal charges if it impairs someone’s driving.

In some states, however, you might have a limited defense if you were taking the drug exactly as prescribed and didn’t know it could impair your driving.

How Can I Avoid a DUI on Medication?

When taking medication, try to check labels for warnings about driving. You can also ask your doctor or pharmacist whether a certain drug might impair your ability to drive.

There are also ways to avoid a DUI conviction even if you’re arrested. Depending on the circumstances, your lawyer may have good reason to challenge the legality of the stop/arrest later in court. Remember that law enforcement must have reasonable suspicion to stop you and probable cause to arrest you. If arrested, you have the right to remain silent and request an attorney. 

Legal Defenses to Drugged Driving Charges

A DUI arrest doesn’t have to mean a conviction, which is good because a conviction can bring stiff penalties. These might include fines, a driver’s license suspension, and jail time.

However, some states offer first-time offense programs that allow charges to be dismissed after meeting certain conditions and completing treatment or education programs.

Depending on the circumstances, you may be able to assert a legal defense against the DUI charges. A brief discussion of commonly used ones for impairment by legal drugs follows.

Lack of Impairment

Simply having a drug in your system doesn’t prove impairment. Proving impairment from legal prescription or OTC drugs is often more difficult than proving alcohol or illegal drug impairment.

If there’s no clear evidence that your ability to drive was affected, this can be a strong defense.

Lawful Use of Medication

If you were taking the medication in accordance with a valid prescription or OTC directions, and there was no warning that it could impair driving, your attorney may discuss this defense with you.

Unlawful Traffic Stop

If the officer lacked reasonable suspicion to pull you over in the first place, any evidence gathered (like field sobriety tests or drug evaluations) may be suppressed.

Lack of Probable Cause for Arrest

Even if the stop was legal, the officer must have probable cause to arrest you. If they didn’t, your defense will likely include a challenge to the arrest as well as any resulting evidence.

Improper Testing or Procedures

Field sobriety tests and drug recognition evaluations are subjective and can be flawed. If they were performed incorrectly or the equipment wasn’t properly maintained, your attorney may challenge the results as unreliable.

A DUI attorney in the state charging you is best suited to identify the most effective defense(s) for your case.

Get Legal Advice for a DUI on Medication

If you’re facing DUI charges for taking legal medicine, you’ll want to speak with an experienced DUI or criminal defense lawyer in your state. You can share the details of your situation with them confidentially. They can help you understand your options, including eligibility for expungement.

Depending on your case, they may try to get the charges/penalties dismissed. An experienced attorney may also request a diversion program instead of going to trial, which can help avoid a conviction on your record. In some situations, your attorney will try to negotiate a plea deal for reduced charges/penalties as well.

Your first step should be to identify a lawyer who can advocate effectively for you. FindLaw’s directory of DUI attorneys makes this easy. Just click on your state, then city, to access ratings and contact information for qualified legal advisors in your area. A lawyer can help you understand the next steps.