Impaired driving is a serious enough matter to warrant criminal prosecution instead of a simple citation. Most people associate driving under the influence (DUI) charges with alcohol. After all, most public awareness campaigns focus on alcohol impairment.
However, the state DUI statute applies to both impairment related to alcohol and impairment caused by other substances. Drivers may acknowledge that they could face DUI charges if a police officer pulls them over while they are under the influence of mind-altering drugs that are against the law to possess or consume. What they may not realize is that they could also face DUI prosecution for medications that they can legally possess because of a doctor’s recommendation.
Many drugs can affect driving ability
Some prescription drugs are obviously dangerous for people to use before driving. For example, there is a known association between the use of opioid pain relievers and diminished driving ability. Also, most people can readily acknowledge that driving after taking prescription sleep aids could lead to a very tragic outcome.
There are also a number of other types of medications that can affect driving ability. Benzodiazepines, a popular type of psychiatric medication, have a strong association with increased crash risk. So do certain anti-seizure medications. Muscle relaxants and even steroids can be dangerous for people to take before driving. Drugs used to treat the symptoms of colds and allergies can also be problematic for some motorists.
Drivers sometimes assume that if they have developed a tolerance or can demonstrate an ability to drive while using the medication, they don’t have to worry about criminal prosecution. Unfortunately, the law does not take a very nuanced approach to drug-related DUI offenses. Instead, the only factor that usually matters is whether someone had a substance believed to affect driving capability in their bloodstream at the time of a crash or a traffic stop.
Individuals facing drug-related DUI charges may need help responding to the allegations they face. The right criminal defense strategy can help people diminish the consequences the courts impose or allow them to successfully defend against the state’s allegations altogether.