Can You Get a DUI in Georgia After Taking Prescription Medication?

When it comes to DUI, you usually think of alcohol or illegal drugs. Nevertheless, DUI laws in Georgia do not restrict DUI charges to those substances alone. You can receive a DUI even if you were under the influence of prescription medications, where the prescriptions were valid, and the medications were being used as directed by a physician.

This topic is especially critical for those who take such medications on a regular basis.

Georgia DUI law applies to prescription drugs

Driving under the influence of drugs in Georgia is a violation of the law. It is unlawful for anyone to operate or be in “actual physical control” of a vehicle while under the influence of any drug that can render an individual less safe to drive.

The prosecution does not have to prove that an individual was using an illegal drug to prosecute them. Legal prescription drugs can be used as a basis for filing a DUI case if the prosecution feels the effects of such drugs make the driver less safe to drive.

Some prescription drugs that may impair your ability to drive may include pain relief drugs, anti-anxiety drugs, sleeping pills, muscle relaxers, and certain neurological or psychiatric drugs.

A prescription is not an automatic defense

The Georgia statutes explicitly cover cases of legal drug use. According to O.C.G.A. § 40-6-391(b), the legality of using prescription drugs cannot serve as a defense in a DUI case if the drug impairs your ability to safely operate the vehicle.

Thus, presenting a prescription to police or prosecutors will not necessarily solve the problem of DUI prosecution.

Nevertheless, the prosecution will still have to prove the elements of the crime. The mere presence of a prescription drug in your body is not necessarily proof that you are too impaired to drive.

How do prosecutors prove prescription drug impairment?

Cases involving prescription drugs are somewhat different than DUIs involving alcohol. While there is a standard of 0.08% BAC, there is no such standard when it comes to drugs.

However, in these cases, prosecutors will use other evidence. This can include your behavior when being pulled over, the quality of your driving decisions, what the driver said to police officers, slurred speech, bleary eyes, and drug tests.

This can pose certain challenges for the defense because some medications can stay detectable even when the effect wears off. Some symptoms can be caused by something else, such as tiredness or even a medical condition.

What are the consequences of a prescription drug DUI?

The penalties for a DUI while under the influence of prescription drugs are similar to a standard DUI, with alcohol being the impairing substance. Penalties will be based on the situation and previous history of the driver. You can be fined, imprisoned, placed on probation, given community service, and more.

Talk to a Cobb County, GA, DUI Lawyer Today

Andrew L. Schwartz P.C. represents the interests of Cobb County, GA residents who are facing DUI charges. Call our Cobb County DUI lawyers today to schedule an appointment, and we can begin discussing your defense right away.