Many New Yorkers take prescription medications for a variety of reasons. However, some medications cause side effects that can hinder one’s ability to drive. Even if you take a legally prescribed drug, it may impair your driving skills under certain circumstances. To learn more about this issue and how you can prevent impaired driving, read this blog or reach out to a Nassau County DUI Lawyer today!
AM I AT RISK OF A DWI CHARGE IF I DRIVE WHILE ON A PRESCRIBED DRUG?
Yes, it is possible to get a DWI or DUI charge if you drive while intoxicated or impaired by a drug, even if it’s a legally prescribed drug. This is because New York law defines a DUI as operating a vehicle while under the influence of alcohol, illegal drugs, and/or legal drugs. If you think one of your prescription medications could affect your ability to drive safely, you should speak to a doctor about possible side effects. Possible medications that could cause harmful side effects include opioids like Vicodin, central nervous system depressants like Xanax, stimulants like Adderall, and more. Some side effects are drowsiness and blurred vision, both of which can substantially impact a person’s driving skills.
WHAT HAPPENS IF I GET PULLED OVER FOR DRIVING ON PRESCRIPTION MEDICATION?
If a police officer catches you committing a driving error that could indicate impairment, such as swerving between lanes, they’ll likely pull you over. The police officer might think you are drunk and perform some sobriety tests. They could also ask you to participate in a breathalyzer, but this test only shows alcohol in the system and not drugs. In order to determine what drugs are in your system, you’ll need to partake in a blood or urine test. You shouldn’t refuse a breathalyzer or the other tests because doing so could result in a one-year license suspension. The best route of action is to comply with the police officer at the scene.
While a blood or urine test could prove which drugs are in your system, these tests don’t necessarily prove that the drugs were causing your impairment. The police will need to hire a drug recognition examiner to perform tests to figure out which drugs in your system were hindering your ability to drive safely. Without these drug recognition tests, the police might not be able to prove in court that you were intoxicated by and/or impaired by a legally prescribed drug.
Have you recently gotten a DWI charge for driving while taking a prescription medication? Are you looking for an experienced criminal defense lawyer to fight for you? The Law Office of Jacob A. Rudman is here for you! Contact us today for an initial consultation.
