In Virginia, DUI laws are not just limited to alcohol or illegal drugs; prescription and over-the-counter medications can also result in DUI charges if they impair your ability to drive safely. If you take medications that affect your driving, even with a valid prescription, you can face legal consequences. This guide delves into how Virginia handles DUI charges involving prescription and OTC medications and what steps you should take if you find yourself in such a situation.
The Scope of DUI Charges in Virginia 
Virginia law prohibits individuals from operating a vehicle under the influence of alcohol, drugs, or any substance that impairs their ability to drive. This includes prescription medications and over-the-counter drugs that can impair coordination, judgment, and reflexes. DUI laws are not restricted to just the use of illegal drugs or alcohol. They encompass any substance that alters mental or physical abilities while driving, whether prescribed by a doctor or bought over the counter.
In Virginia, the term DUI is most often associated with alcohol, but it also includes the use of prescription medications and OTC drugs. The law specifies that if a driver is impaired by any substance, they are subject to the same penalties as someone under the influence of alcohol. This means that a driver who is found to be under the influence of prescription drugs or OTC medications can face charges, even if they have a valid prescription or are using the medication as directed.
Prescription Medications and DUI
Prescription medications are often essential for managing various medical conditions, including pain, anxiety, and sleep disorders. However, many of these medications can have side effects that impair cognitive function and motor skills, which can interfere with a person’s ability to drive safely. Opioids, benzodiazepines, and sleep aids are examples of prescription drugs that can significantly impact a person’s driving ability.
Helping you fight back.
Whether you have been charged with a Criminal Offense, Serious Criminal Traffic Offense, or have been injured in an Accident that was not your fault, our First-Class Attorneys are not going to let you become a victim! With our experience, we will fight back, with you and for you, to get the results you deserve.
Some common prescription medications that may impair driving include:
- Opioids (e.g., oxycodone, hydrocodone, morphine)
- Benzodiazepines (e.g., Xanax, Valium, Ativan)
- Sleep aids (e.g., Ambien, Lunesta, Sonata)
- Antidepressants and antipsychotics (e.g., Zoloft, Prozac)
Even if a doctor has prescribed the medication, you can still be charged with DUI if the drug impairs your ability to drive. This is particularly important because the effects of prescription medications can vary based on the dosage, individual tolerance, and interactions with other substances. For instance, a person who takes an opioid for pain relief may find that it causes drowsiness, slowed reflexes, or impaired judgment. These effects can make driving dangerous, and if an officer determines that the medication has impaired your ability to drive, you could face a DUI charge.
Over-the-Counter Medications and DUI
Over-the-counter medications are another source of potential impairment. Many common OTC drugs, especially those used for colds, allergies, or pain, can have sedative effects that hinder a person’s ability to operate a vehicle safely. Medications containing antihistamines, decongestants, and cough suppressants can cause drowsiness, dizziness, and a lack of focus, all of which can be hazardous while driving.
Some OTC medications that may impair driving include:
- Antihistamines (e.g., Benadryl, Claritin, Zyrtec)
- Cough medicine with codeine (e.g., Robitussin AC)
- Decongestants (e.g., Sudafed, Afrin)
Even if you take these medications as directed, the sedative effects can still impair your ability to react quickly, concentrate, and make decisions while driving. The presence of these medications in your system can lead to a DUI charge if you are pulled over and the officer believes they are impairing your driving.
We are very pleased with the outstanding legal services provided by NovaLegalGorup and specifically Josh Wilson, Esq. He handled our very complex case professionally and gave us the utmost confidence in the outcome from our first discussion. He skillfully guided us through the process and of course achieved the outcome we needed. We strongly recommend Mr. Wilson and NovaLegalGroup.”
- David & Kim
The best law firm in the area for what they do. my opinion: Service received from this Law Firm was unique and satisfactory: Spencer Reiss provides professional advice, communicates with his clients, and is very knowledgeable and experienced in the field. The rest of the staff is very friendly and does their best to get you the answers you need."
- Derek Van De Walle
Joshua Wilson and Christopher Jacob are the two attorneys that I have been working with from Nova Legal Group. I have been very impressed so far, I have absolute confidence I could not have made a better choice. I definitely recommend this firm to anyone who may require their services."
- Brian Mills
How DUI Charges for Medications Are Proven
Unlike alcohol-related DUIs, which are typically determined through a breathalyzer test measuring blood alcohol content (BAC), DUI charges involving prescription or OTC drugs are based on different evidence. Officers are trained to recognize signs of impairment that may be caused by drugs, including prescription medications and OTC drugs. The field sobriety tests that officers use to assess impairment may include tests for coordination, balance, and cognitive function.
If a person is suspected of being under the influence of medication, the officer may request a blood test or urine test to determine the presence of drugs. This test can detect substances like opioids, benzodiazepines, or other medications in the driver’s system. While the presence of a medication alone does not automatically result in a DUI charge, the evidence gathered from the field tests, as well as the results of the blood or urine test, can help establish whether the medication impaired the driver’s ability to operate the vehicle safely.
In Virginia, if a driver is found to be impaired by drugs, whether prescription or OTC, they can be charged with DUI under the state’s drug-impaired driving laws. This is true even if the medication was legally prescribed by a doctor.
Related Videos
Choosing a DWI Attorney
First Time DWI Offense
Defenses Against Medication-Related DUI Charges
If you are charged with a DUI involving prescription or OTC medications, there are potential defenses that can be raised in your case. It is essential to consult with an experienced attorney who can assess the details of your case and help you build a strong defense.
- Valid Prescription Defense:
One potential defense is that you were legally prescribed the medication and followed the doctor’s instructions. If you can show that you were taking the medication as directed and that it was a prescribed treatment for a medical condition, the court may consider that you were not at fault for the impairment. However, this defense is not always foolproof. If the medication still impaired your ability to drive, you may still be found guilty of DUI. - Lack of Impairment:
Another defense could be that the medication did not impair your ability to drive. For instance, if the drug did not cause drowsiness or affect your cognitive function, you might be able to argue that you were not impaired while driving. This could be supported by expert testimony or other evidence that shows your driving was not affected. - Improper Traffic Stop:
If the officer did not have a valid reason to pull you over, your attorney could argue that the DUI charge should be dismissed. A police officer must have probable cause to stop a vehicle. If the stop was made without proper cause, any evidence collected afterward, including field sobriety tests and blood tests, may be inadmissible. - Prescription Misunderstanding:
In some cases, individuals may not be fully aware of how their medications will affect their ability to drive. If the prescription did not come with clear warnings about impaired driving, this could be an element of your defense. An attorney may argue that you were unaware of the potential dangers of driving while on the prescribed medication.
What to Do if You Are Charged with DUI for Medication
Being charged with DUI for prescription or over-the-counter medications can be a complex legal issue. If you are facing this type of charge, it is essential to take the situation seriously and take immediate action.
- Contact a DUI Defense Lawyer:
The first step is to contact a qualified DUI defense attorney who can review your case. An experienced lawyer will understand the intricacies of Virginia’s DUI laws and can help guide you through the legal process. They can evaluate the evidence against you, examine the police procedures, and work to ensure that your rights are protected. - Gather Evidence:
If possible, gather any documentation related to your prescription medications, including the doctor’s orders and any labels or instructions that came with the medication. This documentation can be crucial in establishing that you were taking the medication as directed and were not intentionally abusing the substance. - Understand Your Rights:
Make sure you fully understand your rights during a DUI investigation. You are not required to take a field sobriety test, and you should always be aware that the results of these tests can be used against you. An attorney will help you understand your rights and what you should or should not do in the event of an arrest.
The Importance of Legal Representation
DUI charges, especially those involving prescription or OTC medications, can be challenging to navigate. Having legal representation from an attorney who specializes in DUI cases can make a significant difference in the outcome of your case. The team at NovaLegalGroup, P.C. is well-versed in Virginia DUI law and has experience defending clients who are charged with DUI due to prescription and over-the-counter medications.
Our attorneys will work with you to develop a strong defense, protect your rights, and fight to reduce the penalties you may face. If you have been charged with DUI in Virginia, don’t hesitate to reach out to NovaLegalGroup, P.C. for a free consultation.