Many people are unaware that it is possible to be charged with a DUI for prescription drugs. However, it is a serious offense in Pennsylvania. Even with a valid prescription, driving while impaired by medication violates state law. Continue reading and work with a knowledgeable DUI lawyer in Montgomery County, PA for more information today.

Can I Get a DUI for Prescription Drugs in PA?

Yes, you can receive a Driving Under the Influence (DUI) charge in Pennsylvania for operating a vehicle while impaired by prescription drugs. Pennsylvania law, specifically 75 Pa. C.S. § 3802, addresses driving while impaired by any substance, not just alcohol.

This section covers controlled substances, which include most prescription medications that affect the central nervous system. A person is considered guilty of DUI if they drive, operate, or are in physical control of the movement of a vehicle and:

  1. There is any amount of a Schedule I controlled substance in their blood.
  2. There is any amount of a Schedule II or Schedule III controlled substance in their blood, and the substance has not been medically prescribed.
  3. They are under the influence of any drug or combination of drugs to a degree that impairs their ability to safely drive, operate, or be in actual physical control of the movement of the vehicle.

The third part is the most relevant for prescribed medications. Even if you have a valid prescription, if the medication (or the combination of the medication and other substances, including alcohol) impairs your judgment, coordination, or reaction time to the point where you cannot safely operate a vehicle, you can be charged with a DUI.

It is crucial to consult your prescribing physician or pharmacist about the potential side effects of any medication before getting behind the wheel. The fact that a drug is legal and medically necessary is not a defense if it causes impairment while driving.

Which Prescription Medicines Cause Impairment?

Many classes of prescription medications can cause side effects such as drowsiness, dizziness, blurred vision, or impaired coordination, which can lead to driving impairment and a potential DUI charge. Below are some of the most common.

  • Opioid pain relievers: Medications like OxyContin, Vicodin, and Percocet are highly effective for pain but can cause drowsiness and sedation, significantly slowing reaction times.
  • Central Nervous System (CNS) depressants: This category includes drugs used to treat anxiety, like benzodiazepines such as Xanax, Valium, and Ativan, and sleep aids such as Ambien and Lunesta. They function by slowing brain activity, which directly compromises judgment and motor skills, mimicking the effects of alcohol intoxication.
  • Antidepressants: While generally safer, some older tricyclic antidepressants and specific newer selective serotonin reuptake inhibitors (SSRIs) can cause fatigue or dizziness, especially when first starting treatment or adjusting dosages.
  • Muscle relaxers: Drugs prescribed for muscle spasms are designed to relax the body but often induce significant drowsiness and decrease alertness.
  • Antihistamines: Certain potent, over-the-counter and prescription allergy medications can cause severe sedation, making safe driving difficult.

Impairment can be enhanced when these drugs are taken in combination with other substances, including alcohol or other prescription medications. Even if a medication is non-narcotic, if a law enforcement officer observes signs of impairment, a DUI charge can be filed under Pennsylvania’s general impairment statute.