When Prescription Medications Trigger a DUI Arrest in Georgia

Most people associate DUI charges with alcohol or illegal drugs. But in Georgia, you can be arrested (and even convicted) for DUI even if you only took lawfully prescribed medication. Georgia’s DUI statute doesn’t distinguish between illegal drugs and substances you’re legally allowed to take. What matters to police and prosecutors is whether the medication impaired your ability to drive safely.

For many drivers, that comes as a shock. Medications taken exactly as prescribed (sleep aids, anti-anxiety medications, painkillers, antidepressants, ADHD medications, or even common muscle relaxers) can still lead to a DUI arrest if an officer believes that those drugs caused impairment. Understanding how Georgia law handles these situations can help you avoid mistakes and protect your rights.

Georgia law on medication-based DUI

Under O.C.G.A. § 40-6-391, a person can be charged with DUI if they are “under the influence of any drug to the extent that it is less safe” for them to drive. Importantly, there is no requirement that the drug be illegal. Prescription pills, over-the-counter medications, and medical marijuana recommendations can all fall under this statute.

Unlike alcohol DUIs, there is no allowable threshold for prescription drugs. There is no equivalent to a 0.08 BAC. Instead, police rely on factors such as:

• Driving behavior
• Physical appearance
• Slurred speech
• Balance and coordination
• Officer observations about “drowsiness,” “nervousness,” or “confusion”
• Field sobriety tests
• Blood or urine tests showing the presence of medication

The problem is that many medications can cause side effects unrelated to impairment, and field sobriety tests are notoriously unreliable when used on people with medical conditions.

Common medications that lead to DUI arrests

Drivers in Georgia are often surprised to learn that these common prescriptions can trigger a DUI investigation:

• Benzodiazepines (Xanax, Ativan, Klonopin)
• Sleep aids (Ambien, Lunesta)
• Pain medications (hydrocodone, oxycodone, tramadol)
• ADHD medications (Adderall, Vyvanse, Ritalin)
• Antidepressants
• Muscle relaxers (Flexeril, Soma)
• Allergy medications and antihistamines

Even medications that cause mild drowsiness can raise suspicion during a traffic stop.

Defending against DUI involving prescription medication

Medication-based DUI cases are highly defensible. Unlike alcohol cases, prosecutors must prove actual impairment, not just the presence of a drug. A skilled DUI defense attorney may challenge:

• Field sobriety tests that don’t account for medical issues
• Officer training, especially in drug-recognition techniques
• Blood test accuracy, including timing and lab procedures
• Whether the medication level was within therapeutic range
• Whether driving behavior truly indicated impairment
• Side effects that mimic impairment but don’t affect driving ability

In many cases, the presence of a legitimate prescription and a lack of clear impairment can result in reduced charges or a dismissal.

Talk to a Smyrna, GA, DUI Attorney Today 

Andrew L. Schwartz, P.C., represents the interests of Smyrna residents who have been charged with DUI. Call our Cobb County DUI lawyers today to schedule an appointment, and we can begin preparing your defense right away.