DUI and Prescription Drugs Lawyer Pittsburgh

Your friendly lawyer can explain that, according to a report from the Centers for Disease Control and Prevention, 44% of Americans are taking at least one prescription drug. A common issue people face is that the side effects of their necessary medications can appear similar to alcohol intoxication. If a police officer pulls you over believing you are drunk, you could face significant legal trouble.

Side Effects of Prescription Drugs that Mimic Drunkenness

Many prescribed medications can cause side effects that are easily mistaken for intoxication. Some of these effects include confusion or foggy thinking, slowed reflexes, drowsiness, and dilated pupils. Each of these can impact your ability to operate a motor vehicle safely. If a police officer in Allegheny County observes these behaviors during a traffic stop, they may arrest you under the suspicion that you are impaired due to a prescription drug. Law enforcement officers are trained to identify and stop impaired drivers to keep the roads safe. They will not hesitate to make an arrest if they believe a driver is impaired, regardless of the cause. A Pittsburgh criminal lawyer can help you navigate this complex situation.

If you are pulled over for suspected impairment, you might be asked to undergo chemical testing, which can include your breath, urine, or blood. It’s important to understand that these tests are not always perfect and could indicate impairment even when you are not.

Refusing Chemical Testing

You have the right to refuse a chemical test, but this is generally not advisable. Refusing a test in Pennsylvania automatically results in a license suspension for up to one year. This action is carried out by the Bureau of Motor Vehicles (BMV) and is known as an Administrative License Suspension (ALS). If you refuse a test more than once, the suspension period gets longer, typically adding an extra year for each subsequent refusal.

Prescription Medications that Can Cause Impairment

Prescription drugs are medications prescribed by a doctor to treat medical conditions or alleviate debilitating symptoms. Many of these drugs have side effects like drowsiness, slurred speech, and delayed reflexes. Below is a list of some medications that can cause such side effects:

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

These medications are typically dispensed with information sheets from the pharmacy that detail potential side effects and warn against driving until you understand how the drug affects your body. It is always wise to read this information carefully and follow the warnings. If you find yourself in legal trouble, a Pittsburgh DUI lawyer can provide guidance.

Penalties

A DUI charge resulting from prescription drug use carries the same penalties as one for driving under the influence of alcohol. The potential consequences include jail time ranging from three days to six months, fines between $370 and $1,075, and a license suspension of six months to three years. This is in addition to any Administrative License Suspension (ALS) you may have received at the time of your arrest. Furthermore, you may be ineligible for limited driving privileges for 15 to 30 days after the offense. For better assistance hire a Pittsburgh DUI lawyer.

Defenses

The good news for individuals taking prescription medication is that Pennsylvania law provides specific defenses against a DUI charge.

One potential defense is a lack of sufficient evidence. If there are no chemical test results, the prosecution may not have enough evidence for a conviction, and the judge might dismiss your case. This scenario could occur if the arresting officer did not administer a test or if you refused to submit to one.

Another powerful defense applies if you can prove two things are true:

1. The medication you took was legally prescribed to you by a licensed healthcare professional authorized to prescribe medications.
2. You consumed the medication (whether by injection, inhalation, or ingestion) exactly as instructed by the prescribing healthcare provider.

It becomes much more difficult for a prosecutor to argue that a validly prescribed medication, taken as directed, caused you to be unlawfully impaired.

Pittsburgh DUI lawyer understands the complexities that arise when prescribed medications lead to legal challenges Contact us today by calling 412-387-6901.