Can I Get a DUI on Prescription or Over-the-Counter Drugs? 

Driving under the influence applies to more than alcohol—it includes other substances such as prescription and over-the-counter medications, which is why understanding a DUI for prescription drugs is so important. Legal medications can result in a DUI for prescription drugs if they impair your judgment or motor skills while driving. 

Common Drugs That Can Lead to a DUI 

Many people don’t realize how common it is to face a DUI for prescription drugs when medications impair their ability to drive safely. It’s essential to consult with your doctor or pharmacist if you're unsure about any potential side effects or interactions with other medications. 

Here’s a list of some common medications known to impair driving and potentially lead to DUI charges: 

• Adderall: Often prescribed to improve focus and attentiveness, Adderall stimulates the central nervous system. However, as it wears off, it can cause extreme drowsiness, making driving unsafe. 
• Xanax: Known for treating anxiety, Xanax can cause drowsiness, poor concentration, slurred speech, and dizziness, all of which impair driving. Driving under its influence, even with a prescription, can result in a DUI. 
• Percocet: Used for pain relief, Percocet may cause dizziness, nausea, and light-headedness, which impair driving abilities. 
• Ativan: This anxiety medication can blur vision, reduce coordination, and cause drowsiness, all contributing to unsafe driving. 
• Klonopin: Typically prescribed for anxiety, Klonopin may cause drowsiness, unsteadiness, and disorientation, making it dangerous to operate a vehicle. 
• Lorazepam: Known to cause fatigue, dizziness, and nausea, Lorazepam can impair reaction time and judgment on the road. 
• Clonidine: This medication may cause drowsiness and confusion, leading to unsafe driving and increased DUI risk. 
• Flexeril: Often used as a muscle relaxant, Flexeril may cause drowsiness, blurred vision, and fatigue, impairing your ability to drive safely. 
• Vyvanse: This stimulant can cause anxiety and dizziness, making it unsafe for driving. 
• Valium: Common side effects of Valium include muscle weakness, drowsiness, and dizziness, which can severely impact driving ability. 
• Ambien: Known for causing drowsiness and dizziness, Ambien can leave users feeling disoriented and uncoordinated, making it dangerous to drive. 

To avoid a DUI for prescription drugs, always consult your healthcare provider about side effects before driving on any new medication. 

How You Might Get Tested for Impairment from Prescription Drugs 

If a police officer suspects impairment during a traffic stop, they may conduct several tests. Besides standard field sobriety tests, officers might use Drug Recognition Evaluations conducted by trained experts. These evaluations assess specific physical signs of drug impairment, such as eye movement, behavior, and body responses. 

In some cases, the officer may request a blood or urine test to detect the presence of specific drugs. These tests are generally more reliable for identifying drug use than a breathalyzer, which is primarily effective for alcohol. Unlike alcohol, there’s no universal “legal limit” for drugs, so any level that seems to impair your driving could be grounds for a DUI charge. 

Factors That May Affect Your DUI Blood or Urine Test Results 

How your body handles prescription drugs can highly impact test results. Your body may clear out drugs quickly if you have a fast metabolism. But if you have a high tolerance, the drug could still be in your system without affecting you. Taking a dose recently can also cause higher levels to appear in tests. 

• Fast metabolism: Your body might break down and remove the drug faster, lowering detectable levels in tests. 
• High tolerance: Even if your body has built up a tolerance, drugs can still be detected, but you may not feel impaired. 
• Recent dose: Taking the drug shortly before a test can lead to higher drug levels in your system, regardless of impairment. 

Differences Between Blood and Urine Tests 

• Impairment vs. Presence: Blood tests are better at showing current impairment, while urine tests mainly show the presence of drugs after they have been processed by the body. 
• Legal and Practical Differences: Since urine tests are less indicative of immediate impairment, they may be used less frequently in DUI cases specifically aimed at proving impairment. 

Can You Refuse a Blood or Urine Test for Prescription Drugs? 

Even if you're confident in your sobriety, refusing a blood or urine test could trigger a different, and likely harsher, set of consequences under a state’s Implied Consent Laws. Knowing what could happen if you refuse a test can help you think about what to do in this situation. 

Implied Consent Laws 

Implied consent laws mean drivers suspected of impairment, even in cases involving a DUI for prescription drugs, must comply with chemical testing. These laws are designed to ensure safety and compliance. 

What Might Happen if You Refuse a Blood or Urine Test? 

If you choose not to take a blood test, there can be punishments including but not limited to losing your license. These consequences are meant to discourage people from refusing and encourage cooperation. 

Exceptions and Limitations 

Some situations allow for exceptions to blood or urine testing, such as medical conditions or the need for a warrant.  

What Happens if You Get a DUI from Prescription or Over-the-Counter Drugs? 

A DUI for prescription drugs carries penalties comparable to those for alcohol-related DUIs, including fines and license suspension. You could face: 

• License suspension: Just like with alcohol, a drug-related DUI can lead to a temporary or permanent suspension of your driver’s license. 
• Fines and fees: Drug-related DUI fines can be substantial and vary by state. 
• Mandatory Ignition Interlock Device (IID): Some states require the installation of an interlock device if convicted of a DUI, which prevents you from driving until you complete a breath test. 
• Probation or jail time: Repeat offenses or DUIs involving serious accidents may lead to jail time or supervised probation. 
• Rehabilitation programs: You may be required to complete a court-mandated drug or alcohol rehabilitation program. 

Defending Against DUI Charges for Prescription Drugs 

Defending yourself against a prescription drug DUI can be complex, but working with an attorney can help you build a strong case. While DUI.org cannot provide you legal advice, here are a few common tips that your attorney might employ in building a legal defense against DUI charges: 

1. Gather Your Prescription Documentation 

Consult with a DUI attorney to gather and present evidence, such as prescription records, to show that your medication was legally prescribed. This can help demonstrate compliance with your doctor’s instructions and strengthen your defense against OTC DUI charges. 

2. Keep a Record of Your Medication Use 

Work with a DUI attorney to review and document your medication use, ensuring that your prescription instructions are followed and legally sound. Your attorney will guide you on how to maintain these records for your defense. 

3. Review the Details of Your Traffic Stop 

Sometimes, there may be errors in how the stop or arrest was conducted. It’s important to discuss this with an attorney, as they can help you determine if everything was handled properly. Doing this can help your case if you are preparing for DUI Court. 

4. Ensure Your Medication Was Legally Prescribed 

Work closely with a DUI attorney to gather clear proof that a healthcare provider legally prescribed your medication. Keep copies of your prescriptions and any related documentation to show that you’ve followed the proper channels.  

5. Explore Your Options 

Depending on your situation, there may be options available, such as negotiating for reduced penalties or alternative outcomes. An attorney can help you understand what’s possible. It is beneficial to hire a DUI attorney to negotiate with prosecutors for lesser charges or alternative sentencing to avoid harsh penalties. 

How to Avoid a Drug-Related DUI 

To ensure safe driving while on any medication, follow these guidelines: 

1. Know the Side Effects: Before driving, check with your doctor or pharmacist about potential side effects of any medication you’re prescribed to avoid DUI penalties for prescription drugs. 
2. Avoid Mixing Substances: Avoid combining medications or mixing them with alcohol, which can amplify impairment and increase the risk of a DUI. 
3. Monitor How You Feel: If you feel drowsy, dizzy, or impaired in any way after taking a medication, avoid driving until you feel alert. 
4. Take a Ride Service: If you’re uncertain about your ability to drive, opt for a ride-share service, public transportation, or ask a friend for a ride. 
5. Start Slow with New Prescriptions: When starting a new medication, give yourself time to understand how it affects you before driving. 

Remember, even a valid prescription won’t prevent you from getting a DUI if you’re pulled over while under the influence of these or other drugs. 

Mixing Medications and Alcohol 

Combining prescription drugs with alcohol can amplify their effects, leading to severe impairment. Many medications increase the potency of alcohol, meaning you may feel its effects more intensely than usual. If you're taking any medication, it’s best to avoid alcohol when planning to drive. 

Need Help Navigating DUI Requirements? 

If you’re facing DUI-related requirements, DUI.org is here to assist. We offer trusted resources on ignition interlock devices (IIDs) and SR-22 insurance to help you get back on the road responsibly.  

Our state specialists are available to guide you through the IID and SR-22 process and connect you with the solutions you need to meet court or DMV requirements. Visit DUI.org resources and articles to learn more and find the support you need today.