Can You Get a DUI for Using Prescription Drugs in Pennsylvania?
Many people rely on prescription drugs to maintain their quality of life and carry out daily activities, including driving. However, many don’t consider just how much legally prescribed medication can impair driving ability.
Most people think of alcohol when they hear about driving under the influence (DUI) charges, but the law also applies to driving under the influence of drugs—including legally prescribed medications.
How Do Pennsylvania’s DUI Laws Apply to Using Prescription Drugs?
In Pennsylvania, a DUI occurs when a driver operates a vehicle while impaired by alcohol, illegal drugs, or prescription medications. The law doesn’t distinguish between substances—it’s the impairment that matters.
While most people associate DUI with alcohol consumption, the law extends beyond just alcoholic beverages. In Pennsylvania, DUI laws cover a wide range of substances that can impair a person’s ability to drive safely. This includes illegal drugs, over-the-counter medications, and yes, prescription drugs.
How Can Prescription Drugs Impair Driving?
Not all prescription drugs cause impairment, but many common medications can affect your ability to drive safely. Common prescription medications, such as painkillers, anti-anxiety drugs, and sleep aids, can cause drowsiness, blurred vision, or slower reaction times. Even medications that are meant to manage chronic conditions, like blood pressure medications or antidepressants, can affect concentration or physical coordination.
Is a Drug DUI Different from an Alcohol-Related DUI?
While alcohol impairment can often be detected through a breathalyzer, drug impairment requires different tests. Police officers may conduct field sobriety tests to check for signs of impairment, such as difficulty walking or trouble following directions.
If they suspect drug impairment, they may request a blood or urine test to detect the presence of drugs in your system. Unlike alcohol, which has a set legal limit (0.08% BAC), there’s no specific limit for prescription drugs. Any amount that impairs your driving can lead to charges.
What Are the Consequences of a Prescription Drug DUI in Pennsylvania?
The penalties for a prescription drug-related DUI in Pennsylvania are similar to those for an alcohol DUI. You could face fines, jail time, and a suspended driver’s license, in addition to increased auto insurance premiums.
The severity of the penalties depends on whether it’s your first offense or if you have prior DUI convictions. Even though the drugs were legally prescribed, the consequences of driving under the influence of those drugs can be long-lasting.
How to Defend Against a Prescription Drug DUI in PA
There are several defense strategies that can be used in prescription drug DUI cases. One common defense is proving that you were not impaired, even though you had the drug in your system. Another strategy is showing that you were using the medication as prescribed by your doctor.
If the officer who pulled you over did not follow proper procedures, or if there were problems with the chemical tests, your lawyer may be able to challenge the validity of the evidence against you. A skilled DUI defense attorney will explore all available options to protect your rights.
What to Do If You Are Pulled Over for Suspected Prescription Drug Impairment
If you are stopped by the police and you’ve been taking prescription medication, it’s important to remain calm and follow instructions. Avoid volunteering information about your medication.
You should also be aware of your rights. You are not required to take a field sobriety test in Pennsylvania, though refusing a blood or urine test after arrest could result in a suspended license. Contacting an attorney as soon as possible after a traffic stop is essential to protect yourself.
How a DUI Lawyer Can Help in Prescription Drug Cases
If you find yourself facing a DUI charge related to prescription drug use in Pennsylvania, it’s crucial to seek experienced legal representation. A knowledgeable criminal defense attorney can help you understand your rights, explore possible defenses, and navigate the legal process.
An attorney can also work to minimize the potential consequences of a prescription drug DUI conviction. They may be able to negotiate reduced charges or penalties, or in some cases, even have the charges dismissed.
Since the consequences of a DUI conviction can be severe, having a knowledgeable attorney on your side is invaluable.
How to Defend Against a Prescription Drug DUI in PA
There are several defense strategies that can be used in prescription drug DUI cases, such as:
No Impairment
One of the most effective defenses is proving that you were not impaired, despite having prescription drugs in your system. Just because a drug is present does not necessarily mean it affected your ability to drive.
This defense may involve presenting evidence, such as testimony from a medical expert, showing that the dosage you took was not enough to cause impairment. Additionally, the defense could point to a lack of visible signs of impairment at the time of the traffic stop.
Police Procedural Errors
Police officers must follow strict procedures when making a DUI arrest. If the arresting officer violated your rights or did not follow proper protocol, your attorney could challenge the legality of the stop or the subsequent arrest.
For example, if the officer lacked reasonable suspicion to pull you over, any evidence collected after the stop—such as results from a field sobriety test or chemical testing—could be ruled inadmissible in court.
Charged with a DUI after Using Prescription Drugs in PA? Call Our Criminal Defense Lawyers
If you’ve been charged with a prescription drug DUI, you need an experienced DUI attorney who understands the complexities of these cases and can help protect your rights. At Worgul, Sarna & Ness, Criminal Defense Attorneys LLC, we have a track record of success in handling DUI cases, including those involving prescription medications.
Call (412) 483-1802 or contact us today for a free consultation.