Sitting nervously in the patrol car, your mind races with confusion. The officer just arrested you for DUI, but you haven't had a drop of alcohol. You only took your prescribed medication as your doctor directed this morning, never expecting it could lead to legal trouble on your drive home from work in Chesapeake.
When facing DUI charges in Virginia, many people are surprised to learn that taking legally prescribed medication can result in criminal charges. Chesapeake DUI defense lawyer James E. Short works diligently to protect clients who find themselves in this difficult situation. Before you assume there's no defense against such charges, it's important to understand how Virginia law treats prescription drug impairment and what options might be available to you.
Understanding Virginia's Drug DUI Laws
In Virginia, you don't need to have alcohol in your system to be charged with DUI. Under Virginia Code § 18.2-266, driving under the influence of any drug that impairs your ability to drive safely is illegal, even if those drugs were legally prescribed by your doctor.
Unlike alcohol-related DUIs, prescription impairment cases focus on whether the medication negatively affected your ability to drive. This means the officer's observations of your behavior, performance on field sobriety tests, and any statements you made about medication use become crucial evidence.
Many prescription medications carry warnings about potential driving impairment, including common drugs for anxiety, pain, sleep disorders, and even some allergy medications. What makes these Virginia DUI cases particularly troubling is that you might feel perfectly fine to drive while still showing signs of impairment that an officer can observe.
Common Medications That Can Lead to DUI Charges
Prescription drug DUIs in Virginia often involve certain types of medications known to affect driving ability:
- Pain medications. OxyContin, Vicodin, and Percocet can significantly impair driving ability. These pain medications may cause drowsiness, dizziness, and reduced cognitive function that can attract police attention and result in failed field sobriety tests.
- Anti-anxiety medications. Xanax, Valium, and Ativan can cause drowsiness, slowed reaction time, and impaired coordination. You might feel calmer taking Xanax without realizing your driving abilities have been compromised.
- Sleep aids. Drugs like Ambien and Lunesta are particularly dangerous for drivers. These medications can cause lingering drowsiness, confusion, and even "sleep-driving," which refers to operating a vehicle while not fully conscious.
How Police Detect Prescription Drug Impairment
When a Chesapeake police officer suspects prescription impairment but doesn't detect alcohol, they use different methods to build a case.
Field Sobriety Tests
Field sobriety tests were designed to detect alcohol impairment but are often used for drug cases as well. Someone taking muscle relaxants for back pain might struggle with balance issues during these tests that have nothing to do with driving impairment.
Drug Recognition Experts
Drug recognition experts may be called to evaluate you using a 12-step protocol to determine what category of drugs might be causing impairment. These evaluations are subjective and can be successfully challenged.
Chemical Drug Tests
Chemical testing may be requested to determine the presence of drugs. Unlike alcohol testing, drug tests only show the presence of substances, not the level of impairment.
Defending Against Prescription Drug DUI Charges
Facing a prescription drug DUI in Chesapeake doesn't mean automatic conviction. Several defense strategies can be effective:
- Valid prescription evidence. Your Chesapeake DUI defense lawyer can present documentation that you were taking medication exactly as prescribed and had no reason to expect impairment.
- Challenging officer observations. You can demonstrate that symptoms attributed to impairment were actually caused by medical conditions, fatigue, or natural nervousness during a traffic stop.
- Questioning field sobriety tests. Your attorney can highlight testing conditions, improper administration, or alternative explanations for poor performance, such as age, weight, or physical limitations.
Steps to Take if You Are Charged With Prescription Drug DUI
If you're facing prescription drug DUI charges in Virginia, taking prompt action can significantly improve your outcome:
- Document everything about your traffic stop and arrest while it's fresh in your mind.
- Gather medical records related to your prescription, including documentation of when and why it was prescribed.
- Contact a DUI defense lawyer who understands how to handle prescription medication cases.
Chesapeake attorney James E. Short draws on extensive experience handling Virginia DUI cases to build strong defenses for clients accused of driving under the influence of prescription drugs. By challenging the evidence, questioning the basis for the traffic stop, and presenting alternative explanations for observed behavior, your DUI defense lawyer can work toward reduced charges, case dismissal, or acquittal at trial.