{"id":286727,"date":"2016-08-05T13:06:59","date_gmt":"2016-08-05T18:06:59","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/dui\/charges\/you-can-get-a-dui-on-legal-drugs.html"},"modified":"2025-08-14T13:48:42","modified_gmt":"2025-08-14T18:48:42","slug":"you-can-get-a-dui-on-legal-drugs","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/dui\/charges\/you-can-get-a-dui-on-legal-drugs.html","title":{"rendered":"Can You Get a DUI on Legal Drugs?"},"content":{"rendered":"\n
\n

Can You Get a DUI on Legal Drugs?<\/h1>\n\n
\n
\n By Balrina Ahluwalia, Esq.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
\n

This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
\n

The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

\n
\n
\n

Key Takeaways<\/h2>\n

Yes, you can get a DUI on legal drugs. Most DUI laws<\/span> focus on impairment<\/span> rather than the specific substance causing it. Prescription medications<\/span> like opioids<\/span>, antidepressants<\/span>, and muscle relaxants<\/span>, as well as over-the-counter drugs<\/span> like antihistamines<\/span> and sleep aids can cause drowsiness<\/span>, dizziness, or slowed reaction times<\/span>. Law enforcement<\/span> determines impairment<\/span> through field sobriety tests<\/span>, officer observations, and chemical testing<\/span> rather than specific legal limits<\/span>.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

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\u2019s 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.<\/p>\n

In this article, we\u2019ll explore some of the basics behind these DWI\/DUI cases. We\u2019ll also examine potential consequences and how to mitigate them. State law governs in this area, so the specifics will depend on jurisdiction.<\/p>\n

If you\u2019re 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<\/a> can also help negotiate with prosecutors.<\/p>\n

DUI\/DWI With Alcohol vs. Medications<\/h2>\n

DUI and DWI are criminal charges used when someone is caught driving a vehicle under the influence of alcohol or drugs. It\u2019s generally considered a criminal offense<\/a>. Precise definitions vary by state<\/a>, and many use the terms interchangeably, as we\u2019ll do here.<\/p>\n

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

Legal Limits for Alcohol<\/h3>\n

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.<\/p>\n

Is There a Limit for Legal Drugs?<\/h3>\n

There\u2019s no legal limit for what constitutes driving under the influence of drugs<\/a> (that are legal), the way there is for alcohol. Instead, states use broad impairment-based laws. They focus on whether a person\u2019s ability to drive safely is impaired, no matter what caused the impairment.<\/p>\n

Do DUI Laws Apply to Prescription Drugs or OTC Medication?<\/h2>\n

Both prescription medications and over-the-counter drugs can have effects and side effects that impair a person\u2019s driving ability. You could face DUI charges<\/a> under either category of drug.<\/p>\n

Both OTC and prescription medications might cause conditions like:<\/p>\n