Can I Be Convicted of DUI After Taking a Legally Prescribed Drug?
In Oklahoma, the fact that a drug is legally prescribed is not a defense to a charge of driving under the influence. Just because your doctor prescribed you a medication does not mean that you cannot be considered legally intoxicated while using it. However, determining whether you were incapable of safely operating a motor vehicle is more difficult than when only alcohol is involved.
The DUI laws in Oklahoma include prohibitions against driving while “under the influence of any intoxicating substance other than alcohol which may render such person incapable of safely driving or operating a motor vehicle”. 47 O.S. § 11-902. Further, you may not operate a vehicle while your “ability to operate such motor vehicle is impaired by the consumption of … any other substance, other than alcohol, which is capable of being ingested, inhaled, injected or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing or other sensory or motor functions”. 47 O.S. § 761. Both of these statutes explain that you must be under the influence or impaired by an intoxicating substance that has the effect of rendering you incapable of driving safely.
Other statutes explain exactly which substances qualify as intoxicating: controlled dangerous substances (defined in 63 O.S. § 2-101 et seq.), or any other substance that is capable of being ingested, inhaled, injected, or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing or other sensory or motor functions (besides alcohol). Note that these statutes do not distinguish between prescription and non-prescription drugs.
Prescription drugs, just like illegal drugs, can have strong effects on the central nervous system, sensory and motor functions. The effect of prescription drugs on users varies greatly from person to person because of their health, tolerance, metabolism, previous drug use, drug interactions, and more factors. Further, doctors expressly tell their patients not to take certain prescription drugs before driving – for example, Ambien and other sleep medications.
Anyone charged with a DUI for using drugs, or drugs in combination with alcohol, should be aware of the wide variation in individual reactions to drugs. While law enforcement uses blood tests, drug recognition experts, and other methods to attempt to assess the effect of drugs on driving and prove that a driver was impaired, these methods may fall short. Part of the defense to your DUI charge could be challenging whether you were actually impaired or incapable of safely driving.
Have you been charged with a DUI while taking prescription medication in Oklahoma? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor, uses his trial experience and expert-level knowledge of DUI science to defend drivers. He has the experience and the insight to evaluate the strengths and weaknesses of your case. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.