OVI and Prescription Drugs Lawyer in Jefferson

Did you know that prescription medications can land you in legal trouble behind the wheel? According to a report from the Center for Disease Control, 44% of Americans take at least one prescription drug. What most people don’t realize is that the side effects of these medications can look a lot like alcohol intoxication. So if an officer pulls you over believing you’re drunk, you could quickly find yourself facing serious charges.

Several prescription drug side effects can mimic the signs of drunkenness. These include confusion or foggy thinking, slow reflexes, drowsiness, and dilated pupils. Each of these can affect your ability to drive safely, and a police officer who stops you may make an arrest if they believe a medication is to blame. A skilled attorney can help you understand exactly where you stand.

While on patrol, officers are constantly watching for signs of impaired driving in an effort to keep their communities safe. They won’t think twice about arresting a driver they believe is impaired, regardless of the reason behind it.

If you’re stopped on suspicion of impaired driving, you may be asked to take a chemical test of your breath, urine, or blood. These tests aren’t flawless, however, and can sometimes indicate impairment when none exists. An experienced Jefferson Ohio criminal lawyer knows how to challenge unreliable results.

You do have the right to refuse chemical testing, but it’s rarely a good idea. Refusing means you’ll automatically lose your license for up to a year. This penalty is handled by the Bureau of Motor Vehicles and is known as an Administrative License Suspension, or ALS. Each additional refusal makes the suspension longer—typically adding another year for every refusal you make.

Prescription medications are drugs that a doctor prescribes to treat specific medical conditions or to relieve symptoms that would otherwise leave a patient debilitated. Some of these medications cause drowsiness along with other side effects such as slurred speech and slow reflexes. Below is a list of some of these drugs:

Methadone
Demerol
Klonopin
Adderall
Hydrocodone
Xanax
Ritalin
Ambien
Codeine
Oxycodone
Oxycontin
Ativan
Vicodin
Valium
Morphine
Norco
Percocet
Lunesta
Lortab
Lorcet

Every one of these medications comes with paperwork from the pharmacy that lists the side effects and warns you to avoid driving until you know how your body responds. The smartest move you can make is to read these information sheets carefully and follow the warnings. If you’ve already been charged, a trusted Jefferson Ohio OVI attorney can guide you through your next steps.

Penalties

An OVI charge stemming from prescription drug use carries the same penalties as one received for drinking and driving. You could be looking at a jail term ranging from three days to six months, a fine between $370 and $1,075, and a license suspension lasting six months to three years—on top of any ALS handed down at the time of your arrest. You’ll also be ineligible for limited driving privileges for 15 to 30 days after the offense was committed. Speaking with a Jefferson Ohio criminal lawyer early can make a real difference in how your case unfolds.

Defenses

Here’s some good news for drivers who rely on prescription medications: Ohio law provides clear ways to fight OVI charges connected to them.

One available defense is a lack of evidence. Without a test result, there simply isn’t enough proof to convict you, and the judge may dismiss the case entirely. This can happen if the arresting officer never had you tested or if you declined to submit. A knowledgeable Jefferson Ohio OVI attorney will know how to spot these gaps in the prosecution’s case.

The second defense is that you cannot be charged with an OVI related to your prescription drug as long as two conditions are met:

The medication was prescribed to you by a licensed health care provider whose license permits them to prescribe medications; and
You took the drug—whether by injection, inhalation, or ingestion—exactly as the licensed health care provider instructed.

It becomes very difficult for a prosecutor to argue that your medication made you an impaired driver when you were simply following a valid prescription. The right Jefferson Ohio criminal lawyer can build a strong case around these protections.

At Youngstown Criminal Law Group, we understand how the medications you depend on can unexpectedly create legal problems. Contact us today at (330) 791-8104.