Can You be Charged With DUI for Prescription Medication?

 Posted on November 17, 2022 in DUI

Many people have serious pain or suffer from anxiety and rely on prescription drugs to cope with and tackle their daily lives. With doctors writing more than four billion prescriptions a year, it is no wonder that many medications end up being misused. While that may be the case many people need to get things done, so they often drive. So, could you face DUI drug charges if you can prove that you have a prescription for the medication in your system at the time of the arrest?

Are Prescription Pills Intoxicating Substances?

In Illinois, it is illegal to drive if you are under the influence of any intoxicating substance. That includes alcohol, cannabis, illicit substances, and medications that have been prescribed. Merely showing a valid prescription is not enough to avoid a DUI.

However, when it comes to prescription drugs what matters here is whether or not you were impaired at the time of the arrest. Generally, if your ability to drive safely is impaired, you could be found guilty of DUI.

The prosecution may have evidence such as a blood test or, possibly, admission that you ingested the prescription drug and drove. If the prosecution can prove that the reason for your impaired driving was because you ingested prescription drugs, then you can be found guilty of a DUI. It is not enough for the prosecution to simply show that prescription drugs were in your system at the time of your arrest.

Altered State of Mind

There are many medications that can alter your state of mind. This is true whether or not the medicine is over the counter or prescribed by a doctor. Some of these medications can remain in your system for days so they could show up in a blood test for DUI while you are feeling sober. If your prescription medication makes you feel loopy or impaired, you cannot legally drive.

Alcohol vs. Prescription Drug DUI

When it comes to driving under the influence of alcohol you can be found guilty of a DUI if your blood alcohol content is .08 or higher. Evidence of impairment is not required. This is a key difference when it comes to driving under the influence of prescription drugs, as there is no quantitative threshold for the maximum allowable concentration of medication in your system.

You can face the same penalties for taking prescription medication as for driving under the influence of alcohol or street drugs. Penalties depend on various factors, including if the driver has been arrested for impaired driving in the past, whether children were in the vehicle at the time of the arrest, and if someone was injured.

Contact a Kane County DUI Drug Lawyer

If you are charged with driving under the influence because you took prescription medications you need a skilled Aurora DUI drug attorney. Call 847-488-0889 for a free consultation. At The Law Office of Brian J. Mirandola we will work hard to help you avoid a DUI conviction.

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-501 

https://www.apa.org/monitor/2021/03/substance-use-pandemic 

https://nida.nih.gov/publications/research-reports/misuse-prescription-drugs/what-scope-prescription-drug-misuse 

https://www.statista.com/statistics/261303/total-number-of-retail-prescriptions-filled-annually-in-the-us/