Can I get a DUI on prescription drugs? 81 Answers as of June 14, 2013

I was on antibiotics and ran a red light. I wasn't feeling well and I got pulled over. The officer gave me a drug test and I didn't pass. I tried to explain that I was on medication, but they were against it. I am really confused and need to explain this to an attorney.

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Yes.
Answer Applies to: California
Replied: 5/22/2013
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
If you are charged with a crime, you are presumed innocent until proven guilty beyond a reasonable doubt. You have a right to counsel and should exercise that right. If you cannot afford to retain a lawyer, the court may appoint you a lawyer at the public's expense. Antibiotics would not trigger a false test usually. They are not in the same drug family, chemically, (as opposed to legal opiate pain-killers, for example). You may need to hire an independent expert and have an experienced criminal defense attorney carefully review their testing procedures. There is a possibility that the mistake was made on their end. The police officer, for example, might not have followed the proper protocol. However, it would be impossible to know that unless you have a full access to their testing logs and other materials. I'd recommend you retain an experienced criminal defense attorney to assist you with this matter.
Answer Applies to: Michigan
Replied: 7/20/2012
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
It would be driving under the influence of drugs, you need to consult an attorney.
Answer Applies to: District of Columbia
Replied: 7/5/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
A DUI means that you were driving under the influence of some substance. The substance could be alcohol, drugs of some nature, or any other substance that may affect the ability for a person to safely operate a motor vehicle. The law makes no distinction as to what the substance may be and the punishments is the same. Make an appointment to speak about this matter with an attorney. If you cannot afford an attorney request to be represented by an appointed attorney. The consequences for a DUI conviction ?are severe.
Answer Applies to: Alabama
Replied: 6/26/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
Yes if the drugs affect you ability to safely drive. You need an attorney to look over the the police tests etc.
Answer Applies to: Michigan
Replied: 6/26/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    Under Oregon Law, and individual can be arrested and charged with Driving Under the Influence when they are intoxicated to a noticeable degree or have a BAC over .08. Part of noticeable degree can be Controlled Substances. There are specific defenses for individuals within their limits on a prescription drug. A DUI is a Class A Misdemeanor with a maximum of 1 year in custody and a $6,250 fine. A DUI also has mandatory minimums in fines and fees. Contact a DUI Lawyer about the facts of your case.
    Answer Applies to: Oregon
    Replied: 6/25/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    If a person is driving and the drugs that they are taking affect their ability to drive, they may be charged with DUI.
    Answer Applies to: Georgia
    Replied: 6/22/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    You can get a DUI on prescription drugs.
    Answer Applies to: Wyoming
    Replied: 6/14/2013
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    You need to hire competent counsel in your jurisdiction and do it ASAP. While I and many other competent lawyers answer questions here, this is not the way to handle your defense. BTW: DUI means under the influence and it can be a drug, liquor or other intoxicant. The question is whether or not the medication you were on at the time has sufficient physiological affects to cause incapacitation as defined by the law.
    Answer Applies to: Texas
    Replied: 6/22/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Your right, you should explain your detailed facts to an attorney. Prescription drugs can certainly be the basis of an OUI Drug charge. However, there are many things that bear scrutiny. Did the drugs warn not to operate motor vehicles while using? Did you take them as prescribed? What standard did the arresting officer use to determine that it was the drugs that caused you to drive poorly, if that even happened? Was the officer a "certified Drug Recognition expert, trained in drug recognition? If so, when was he certified and again, what standard did he apply to make his determination? These and many more questions should be answered in evaluating how to proceed with your case. If you do not already have a lawyer, get one. If you would like to discuss this matter with me, you can reach me at the numbers listed below. There is no charge for the consultation.
    Answer Applies to: Massachusetts
    Replied: 6/21/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    Yes. the State must still prove that you were under the influence of the drug and that there was impairment. Retain an attorney and discuss it.
    Answer Applies to: Illinois
    Replied: 6/21/2012
    Border Law Firm
    Border Law Firm | Teresa Lynn Border
    The DUI crime in Washington state is driving under the influence of alcohol or drugs. If the prescription medication you were taking affected your ability to drive, you can be convicted of DUI regardless if the drugs were prescribed or not. Consult with and retain an attorney to help you.
    Answer Applies to: Washington
    Replied: 6/21/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Most certainly and you do need an attorney. DUI is a charge that can be made when the driver is affected by any substance alcohol, legal or illegal drugs or any combination thereof that affects the ability to operate a vehicle to any extent. Many prescriptions include directions not to operate machinery while taking them. This kind of medication, even if legal, can get you arrested if your driving.
    Answer Applies to: Missouri
    Replied: 6/20/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    YES. Retain an experienced criminal attorney ASAP. Good luck.
    Answer Applies to: Michigan
    Replied: 6/20/2012
    LeadfootSpeedingTicket.com
    LeadfootSpeedingTicket.com | Andrea Storey Rogers
    Yes, you can be ticketed for DUID- driving under the influence of drugs. Any type of drug qualifies as long as it impairs your ability to drive.You need to hire a criminal defense attorney who specializes in DWI or DUI in the city or county where you received the ticket.
    Answer Applies to: Missouri
    Replied: 6/20/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    You can be charged with Driving Under the Influence which includes alcohol And drugs regardless whether they were prescribed to you. Take your own advice and contact an attorney.
    Answer Applies to: Washington
    Replied: 6/20/2012
    Law office of Robert D. Scott | Robert Scott
    If the medication you were taking impaired your ability to operate the motor vehicle, you can be charged with DUI.
    Answer Applies to: Maryland
    Replied: 6/20/2012
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Yes. The second "prong" of the DUII statute provides for driving while under the influence of a controlled substance. Prescription drugs, by virtue of the prescription, are controlled. If the state can prove you had them in your system and they affected your driving, you can be convicted of DUII.
    Answer Applies to: Oregon
    Replied: 6/20/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, in Utah you can be charged with a metabolite DUI or a drugs-only DUI even if you ingested no alcohol. There are still arguments you can raise, however. A talented attorney can find many arguments in your favor and perhaps avoid a conviction.
    Answer Applies to: Utah
    Replied: 6/20/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    You most certainly need to see an attorney now. Antibiotics generally do not cause mood alteration and therefore would not be an issue. I would like to know what it was that the officer gave you which purported to be a drug test. Just for your information, it does not make any difference if you are compared to whether the drug or of all was self-described or prescription. You are not allowed to drive while impaired.
    Answer Applies to: Michigan
    Replied: 6/20/2012
    John P Yetter | John Yetter
    Yes you can. Any amount of medication, including legal medication, which makes an individual unable to operate a motor vehicle with less than ordinary care can be prosecuted. That does not mean the state will win, but it is a legal prosecution.
    Answer Applies to: Illinois
    Replied: 6/20/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Yes, any combination of drugs and/or alcohol which causes impairment can be the basis for a DUI. If the prescription drugs you take has the warning on it which states that it may cause drowsiness or that you should not operate machinery, etc, these can cause impairment.
    Answer Applies to: Kansas
    Replied: 6/20/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If you had Schedule I or II drugs in your system, any amount is considered a violation of the DWI law. If the prescription drug is a different Schedule, you can be in violation of the DWI law if you were "under the influence" of the drug. The state must prove "under the influence".
    Answer Applies to: Minnesota
    Replied: 6/20/2012
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    You can get a DUI on prescriptions drugs even if they have been prescribed for you so long as the State can show you were impaired by the drugs to the extent you were an unsafe driver. If you did not have a prescription for the drug, the State only has to show that you were driving with some amount of the drug in your system.
    Answer Applies to: Georgia
    Replied: 6/20/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    Being charged and being guilty are two different things. You can be charged, but you may have valid defense. Consult a lawyer.
    Answer Applies to: Illinois
    Replied: 6/20/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You should hire an attorney to help you prove that you were not drinking or on illegal drugs but were taking prescription drugs. This ?is a defense to the charge.
    Answer Applies to: New York
    Replied: 6/20/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    Yes. If you have a lawful prescription and were using them properly, you can possibly use that as a defense.
    Answer Applies to: Utah
    Replied: 6/20/2012
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    You can get charged with DUI if you were under the influence of prescription drugs.
    Answer Applies to: New Jersey
    Replied: 6/20/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Yes, and you need an attorney the state toxicologist is known to make outrageous claims about the impairing effects of substances like this even in low amounts, even though any scientist would say otherwise I would be happy to discuss In response to your DUI Questions: I am a criminal defense attorney that focuses on DUI cases. If you would like to discuss your case, please contact me. Some important information- If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
    Answer Applies to: Colorado
    Replied: 6/20/2012
    Law Offices of Steven J. Pisani
    Law Offices of Steven J. Pisani | Steven Pisani
    The police can charge you with DUID (Driving under the influence of drugs) if the prescription medication causes you to drive less safely than you would if you were sober. Be careful what you tell the police in this situation, if they know what drug to look for or if your doctor told you not to drive you could be liable. There may be a defense of involuntary intoxication with prescription medicines with unknown side effects.
    Answer Applies to: Colorado
    Replied: 6/20/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    There is no exception for prescribed medication.
    Answer Applies to: Michigan
    Replied: 6/20/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    You can get a DUI with prescription drugs. You have to have the ability to safely drive a vehicle at all times, if that ability is affected by being under the influence of a prescription drug, that is a problem, but have never heard of that with antibiotics.
    Answer Applies to: Michigan
    Replied: 6/20/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    Dui is operating a motor vehicle while under the influence of alcohol or drugs.
    Answer Applies to: New Jersey
    Replied: 6/20/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Had you had any alcohol or a product containing alcohol such as mouthwash.
    Answer Applies to: Michigan
    Replied: 6/20/2012
    Salladay Law Office | Lance Salladay
    You can be charged with DUI for driving under the influence of alcohol or drugs- if a drug, evenif it is prescription, adversely affects your ability to drive, you can be charged with the offense.
    Answer Applies to: Idaho
    Replied: 6/20/2012
    Law Offices of Ward F. McDonough, Jr. | Ward F. McDonough, Jr.
    Can be charged only in accordance with the substance is listed in the statute and/or as a scheduled substance.
    Answer Applies to: Michigan
    Replied: 6/19/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    If the medication that was in your system is one of the controlled substances listed in the drug schedules in the criminal statutes, then you can be charged with operating a motor vehicle while under the influence of a controlled substance, or operating with the presence of a controlled substance. It is irrelevant that the medication was prescribed to you. Alcohol is legal to consume, provided that you are 21 years old or older. It is just illegal to drive with a blood alcohol level greater then 0.08. The same is true with controlled substances. They are legal if prescribed, but you cannot drive if you are taking them. Unlike alcohol, there is no measurable amount. If the drug is in your system and you were driving, you can be found guilty. You definitely need to consult an attorney, as there may be some fact of your case that might mitigate the charge.
    Answer Applies to: Michigan
    Replied: 6/19/2012
    Law Office of J Edward Jones | J Edward Jones
    You can get a DUI from prescription drugs, alcohol, illegal drugs, or any substance that impairs your ability to drive safely.
    Answer Applies to: Utah
    Replied: 6/19/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Yes Vehicle Code23152 (a) makes it illegal to drive while under the influence of alcohol or drugs or both.
    Answer Applies to: California
    Replied: 6/19/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. You can be charged with prescription drugs.
    Answer Applies to: New York
    Replied: 6/19/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Yes, you can get a DUI for being on prescription drugs if the drug was affecting your ability to drive safely.
    Answer Applies to: Colorado
    Replied: 6/19/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    One can be convicted of DUI for driving while impaired on (almost) anything.
    Answer Applies to: Pennsylvania
    Replied: 6/19/2012
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    Yes. This is a new trend in law enforcement. Make sure to contact a qualified DUI attorney.
    Answer Applies to: Michigan
    Replied: 6/19/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    A person can be convicted of dui for driving while under the influence of a prescription drug if their ability to drive is impaired to a degree which renders the person incapable of safely operating a motor vehicle. The prescription drug must have some mind altering effect, such as pain killers. It would be rare that an antibiotic would impair a person's ability to drive.
    Answer Applies to: Nevada
    Replied: 6/19/2012
    William L. Welch, III Attorney | William L. Welch, III
    Yes. You should seek a confidential consultation with an experienced defense attorney. What you post is not confidential, and if the prosecution finds it, then it might be used against you.
    Answer Applies to: Maryland
    Replied: 6/19/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    In Michigan, a DUI can involve alcohol or any controlled substance. So long as the substance affected your ability to drive, you could get charged. It does not matter that you have a prescription or that you were using the prescription correctly. (Recall the warning labels on the bottle) You should retain an attorney to discuss this more fully. There may be some good defenses which will defeat such a charge. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/19/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain my office or a good criminal attorney to represent you. The lawyer will investigate the case, review the documents, and determine what evidence the police have indicating that you were impaired by drugs, alcohol, or prescription drugs. If you are driving bad because you are ill and there is no evidence of drugs or alcohol in your system you may be found not guilty. If you became ill by using prescription drugs that make you drowsy you may be convicted, or the judge or jury may find that you are not guilty. Since there are many bad consequences to getting a DWI conviction you should retain an attorney who can find a way to win the case.
    Answer Applies to: New York
    Replied: 6/19/2012
    Steven Alpers | Steven Alpers
    Yes but most antibiotics don't cause problems. The pack or info on line can be useful on this issue.
    Answer Applies to: California
    Replied: 6/19/2012
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    You should speak to a lawyer. You did not describe what you meant by a "drug test".
    Answer Applies to: Rhode Island
    Replied: 6/19/2012
    Law Office of Brian K. Wanerman
    Law Office of Brian K. Wanerman | Brian K. Wanerman
    If you knew or should have known that one of the side effects of the drug was to impair your ability to operate a motor vehicle, you can be convicted. If you didn't know, you likely cannot.
    Answer Applies to: California
    Replied: 6/19/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    You can be prosecuted for DUI for intoxicants other than alcohol, including prescription drugs. Many painkillers and sleep aids are frequently the basis of DUI prosecutions in California. I went to trial on a Xanax DUI a few years ago. You are correct that you need to contact a defense attorney for consultation.
    Answer Applies to: California
    Replied: 6/19/2012
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Talk to an attorney. Some prescription drugs could lead to a DUII, but I wouldn't expect it from an antibiotic.
    Answer Applies to: Oregon
    Replied: 6/19/2012
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    Yes, you can get a DUI while on prescription medications ... but not likely for antibiotics.
    Answer Applies to: Washington
    Replied: 6/19/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Please do. Antibiotics are not illegal to drive under and they don't test for those. It must be something else.
    Answer Applies to: Michigan
    Replied: 6/19/2012
    Alvin Lundgren | Alvin Lundgren
    Yes if the drug makes your driving unsafe and many drugs do. However, sometimes courts are lenient if you have a prescription.
    Answer Applies to: Utah
    Replied: 6/19/2012
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Yes, you can be charged with DUI if you are under the influence by medication or alcohol. Same Virginia law covers both. But there is no presumed level of impairment by drugs as there is with alcohol (.08). So the police must rely more on your field sobriety testswhich is why you need a skilled DUI defense lawyer trained in the NHTSA field tests.
    Answer Applies to: Virginia
    Replied: 6/19/2012
    Hess & Schubert
    Hess & Schubert | Ted Hess
    You can get a DUI on prescription drugs, but the drugs have to impair your ability to drive safely. Popular antibiotics generally do not cause impairment. You have a winner.
    Answer Applies to: Colorado
    Replied: 6/19/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Yes. Any drug, illegal or prescribed, that negatively effects your ability to safely operate a vehicle can cause a DUI. The fact that it is a prescription medication makes the case a better one to defend against. Consult an experienced DUI defense attorney. Good luck!
    Answer Applies to: Colorado
    Replied: 6/19/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    For regular anti-biotics, you should not be charged with DUI, however, if any medication you are prescribed has a potential for affecting your ability to safely operate a vehicle, you may be subject to the DUI rules, and so charged. It is best that you retain good defense counsel to handle the case for you.
    Answer Applies to: Illinois
    Replied: 6/19/2012
    Universal Law Group, Inc. | Francis John Cowhig
    The short answer is: yes you can. However, additional information is required in order to give a full and complete answer to your question. What type of drug test did you take? What was the medication that you took? Do you know if there are any known side effects of these medications? Were they prescribed by your family physician? I strongly suggest that you contact an attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze you case and advise you of your options.
    Answer Applies to: California
    Replied: 6/19/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    You can get a DUI on prescription meds but if you have proof of your prescription you may have a defense.
    Answer Applies to: Minnesota
    Replied: 6/19/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes. Alcohol is also legal and you get a DUI from being under the influence of alcohol. Prescribed medication is no different.
    Answer Applies to: Washington
    Replied: 6/19/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    Yes you can. Simple antibiotics should not impare you, but other things like pain meds potentially can.
    Answer Applies to: West Virginia
    Replied: 6/19/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You can absolutely get a DWI on drugs - although no antibiotics. DWI is driving while intoxicated. Intoxication can be caused by drugs and/or alcohol. You MUST hire a lawyer - the sooner the better for the purposes of the ALR hearing.
    Answer Applies to: Texas
    Replied: 6/19/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Yes. I can help you fight the criminal charges and get the best outcome possible. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except an attorney. Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. While this isn't a 'capital case, you certainly face potential jail and fines, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help you in your legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I'll be happy to help, using whatever defenses there may be. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 6/19/2012
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    The charge is driving a motor vehicle while impaired by drugs, not while impaired only by illegal drugs. Not that complicated.
    Answer Applies to: California
    Replied: 6/19/2012
    Bernstein & Bernstein, LLC | Lowell E Bernstein
    Driving under the influence includes alcoholic liquors and/or drugs. The charge may depend on your blood tests results and other circumstances.
    Answer Applies to: South Carolina
    Replied: 6/19/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    You are very right, you need to explain this to an attorney. Yes, you can get a dui for prescription drugs if your normal faculties were impaired. It sounds to me like you just were not feeling well, and that may not have been the result of taking antibiotics. They usually do not get you "high" to the extent that your normal faculties are impaired. You didn't pass what drug test? If there were other prescription, or non-prescription drugs involved you need to be honest about it.
    Answer Applies to: Florida
    Replied: 6/19/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Yes. However, the State has to prove that you voluntarily intoxicated yourself. There may be a defense that the prescription drugs were not intended to intoxicate and no warning against driving was given on the labels (if true). If the pill bottle said don't take while driving you probably have a problem.
    Answer Applies to: Florida
    Replied: 6/19/2012
    Bruce Plesser | Bruce Plesser
    Yes but triable case.
    Answer Applies to: Florida
    Replied: 6/19/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Need to explain what? DUI is driving under the influence: (1) the influence of cocaine, heroin, marijuana; (2) the influence of alcohol; (3) the influence of prescription or over the counter medication; and (4) the influence of glue, magic markers, etc. All of the substances can land you in jail.
    Answer Applies to: Georgia
    Replied: 6/19/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    You can be charged with DUI by reason of drugs as well as alcohol. Call for an initial consultation and discuss the specifics with your attorney. If you want to fight the charges, meet with an attorney who will fight for you, by starting with an in-depth consultation.
    Answer Applies to: Hawaii
    Replied: 6/19/2012
    Ross Law L.L.C.
    Ross Law L.L.C. | Jeremiah Ross
    You can be convicted of a DUII if you are "under the influence" of prescription drugs. You should consult with an attorney as soon as possible.
    Answer Applies to: Oregon
    Replied: 6/19/2012
    Michael S. Edwards, Attorney at Law, PLLC | Mike Edwards
    Yes you can. Definitely consult with and hire a good attorney!
    Answer Applies to: Utah
    Replied: 6/19/2012
    Rhoades & Miller, LLP
    Rhoades & Miller, LLP | M. Jason Rhoades
    People are convicted of DUI because of prescription drugs every day. However, there may be defenses available to you, depending on the specific facts in your case.
    Answer Applies to: Georgia
    Replied: 6/19/2012
    Law Offices of Brian J. Lockwood
    Law Offices of Brian J. Lockwood | Brian J. Lockwoood
    You should find a local attorney with experience in D.W.I. law. D.W.I. is such a fact-driven charge, there is no way to discuss the matter sufficiently in this type of forum. I recommend contacting competent counsel.
    Answer Applies to: Alabama
    Replied: 6/19/2012
    Collins Law Firm, P.A.
    Collins Law Firm, P.A. | John C. Collins
    Yes and no. Yes because being on prescribed drugs is not a defense to dwi. No because antibiotics are generally not impairing. You need to get help from an attorney that is knowledgable in dwi drug cases. You were likely impaired by the illness not the drug.
    Answer Applies to: Arkansas
    Replied: 6/19/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    You can get a DUI when you are on proscribed medication. Most of the proscribed medication will have a warning not to drive after taking it. Remember that it is not whether the drug is legal or not but if it impairs you're driving.
    Answer Applies to: California
    Replied: 6/19/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Yes. Look at Vehicle Code 23152(a), the provision for Drug DUIs, which are just as serious as alcohol DUIs. You need to hire a DUI specialist. Drug DUIs are hard to prove, but if you don't have a good lawyer you will still end up with a DUI. The Judge/prosecutor simply won't listen to your explanations unless you are represented by someone who knows what he is doing.
    Answer Applies to: California
    Replied: 6/19/2012
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    Yes you can. It is the ussue oif "Impairment" that is the issue. If you are deemed "impaired" buy the officer - it can be DUI.
    Answer Applies to: Missouri
    Replied: 6/19/2012
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