New Castle DUI Lawyer for Prescription Drug OVI Charges

A knowledgeable lawyer knows that many people are unaware that legally prescribed medications can lead to an OVI charge. The Centers for Disease Control and Prevention reports that 44% of Americans take at least one prescription drug. The side effects of these medications can often resemble alcohol intoxication. If a police officer pulls you over suspecting you’re drunk, you could face significant legal trouble, even if you’ve only taken your prescribed medication.

Many prescription drugs have side effects that mimic the signs of drunkenness, such as confusion, slowed reflexes, drowsiness, and dilated pupils. These effects can impair your ability to operate a vehicle safely. A police officer who observes this behavior may arrest you under the assumption that you are impaired by a prescription drug. Law enforcement officers are trained to identify impaired drivers to ensure public safety, and they will make arrests if they believe a driver poses a risk, regardless of the substance involved. A proficient New Castle criminal lawyer can help you navigate these complex situations.

If you are stopped for suspected impairment, an officer might ask you to undergo chemical testing, which can include a breath, urine, or blood test. It is important to know that these tests are not infallible and can sometimes produce inaccurate results, suggesting impairment when there is none.

Refusing Chemical Testing

You have the right to refuse a chemical test in Ohio, but doing so has immediate consequences. Refusal results in an automatic driver’s license suspension by the Bureau of Motor Vehicles (BMV). This is known as an Administrative License Suspension (ALS). A first refusal typically leads to a one-year suspension. Subsequent refusals result in longer suspension periods, often adding a year for each additional refusal.

Medications That Can Cause Impairment

Prescription medications are prescribed by doctors to treat various medical conditions or alleviate symptoms. However, some of these drugs can cause side effects like drowsiness, slurred speech, and delayed reflexes. Here is a list of some common prescription drugs that can lead to impairment:

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

These medications are dispensed with information from the pharmacy detailing potential side effects and warning against driving until you understand how the drug affects you. It is crucial to read this information and follow the warnings. A New Castle criminal lawyer can explain how these warnings might impact your case.

Penalties for a Prescription Drug OVI

In Ohio, an OVI conviction resulting from prescription drug use carries the same penalties as one for driving under the influence of alcohol. The potential consequences include:

• Jail Time: Three days to six months.
• Fines: Between $370 and $1,075.
• License Suspension: Six months to three years, in addition to any ALS from the arrest.
• Limited Driving Privileges: A waiting period of 15 to 30 days before you may be eligible.

Legal Defenses for a Prescription Drug OVI

Fortunately, Ohio law provides specific defenses for individuals facing an OVI charge related to prescription drug use. Working with an experienced New Castle DUI lawyer is the best way to build a strong defense.

One potential defense is a lack of sufficient evidence. If no chemical test was performed, or if you refused the test, the prosecution may not have enough evidence to secure a conviction. In such cases, a judge might dismiss the charges against you.

Another key defense is proving that you used the medication legally. You cannot be convicted of a prescription drug OVI if both of the following are true:

1. The medication was prescribed to you by a licensed healthcare professional who is authorized to prescribe it.
2. You took the medication exactly as instructed by the prescriber, whether by injection, inhalation, or ingestion.

When you have a valid prescription and have followed the prescribed dosage, it becomes difficult for a prosecutor to prove that the medication was the cause of impairment.

The New Castle DUI lawyer at Youngstown Criminal Law Group understands the complexities that arise when prescription medications lead to legal issues. If you are in this situation, contact us today at (330) 992-3036.