Prescription Medication
DUIs | Drug DUIs

Most people are not aware for driving under the influence of a lawfully prescribed medication. A Prescription Drug DUI is a charge to take serious.

Prescription Drug DUI Investigation

There are many prescription drugs that can cause you to be legally impaired, even when taken as prescribed. These prescription drugs can cause side effects such as blurred vision, inability to focus, drowsiness, and fainting to name a few. Tranquilizers, Narcotic Pain Pills, Sleep Medicines, Antidepressants, Anti-anxiety Medications, Cough Medicines, Antihistamines, Decongestants, and many other medications can impair your ability to drive.

If law enforcement believes you are impaired, they may conduct a DUI investigation. The police officer will likely examine you first for a traditional alcohol DUI and if that is ruled out, then he/she may continue the investigation as a Drug DUI.

Field Sobriety Tests and Breathalyzer

First you will be asked to perform Standardized Field Sobriety Tests. These tests include: the Walk and Turn test, the Horizontal Gaze Nystagmus test, and the One Leg Stand test. After the Field Sobriety Tests, the Officer will have you blow into a breath alcohol device. If you are below the limit but show signs of impairment the officer will likely continue the investigation by calling in a Drug Recognition Expert (DRE) to evaluate you.

Drug Recognition Expert

The DRE will begin his/her investigation into other possible substances. The Drug Recognition Expert will conduct a battery of tests to try to approximate what type of medications or other drugs you may be on. Finally, he/she will either have you submit a urine sample or draw your blood.

Blood Test

The officer will send your blood or urine to a lab. Within 4-8 weeks you will get a result back indicating the types of drugs that you have taken. The Drug Recognition Expert wait to see if the medications they predict will be the same that come back on the lab results.

Is the presence of Drugs in Blood enough to prove Impairment?

No. In prescription drug DUI cases the State not only has to prove that the drug was present but must also prove that you took enough of the drug that it impaired your ability to drive a motor vehicle. This is a complicated case for the State and requires the State to put forth expert witnesses in forensic science and pharmacology/toxicology.