Can I Get A DUI If I’m On Prescription Medication
Many assume that taking legally prescribed medication won’t impact their ability to drive, but Oklahoma law treats impaired driving—whether from alcohol, illegal drugs, or prescription medication—the same. If a prescription drug affects your ability to drive safely, you could face DUI charges
Cannon & Associates DUI attorneys have extensive experience defending clients in Oklahoma against alcohol and drug-related DUI charges. Contact our legal team today at 405-591-3935 to schedule your free consultation and discuss a defense strategy.
PRESCRIPTION MEDICATIONS AND DUI CHARGES
Oklahoma law prohibits operating a vehicle under the influence of any intoxicating substance, including prescription drugs. Even over-the-counter medications with drowsiness or impairment risks can result in DUI charges. If a drug test detects substances like medical marijuana, oxycodone, or Xanax in your system, you may be charged, regardless of having a valid prescription.
Per Se DUI VS. IMPAIRMENT DUI
There are two primary ways you could face a prescription drug-related DUI in Oklahoma:
- Per Se DUI: If a drug test detects any amount of a Schedule I controlled substance (such as marijuana or oxycodone) while driving, you can be charged, even if you show no signs of impairment.
- Impairment DUI: Prosecutors must prove that you were too impaired to drive safely, using evidence like sobriety tests, officer observations, and expert testimony.
Penalties for a Prescription Drug DUI
- First Offense (Misdemeanor): 10 days to 1 year in jail, fines up to $1,000, license suspension (180+ days), and required DUI education programs.
- Second Offense (Felony): 1 to 5 years in prison, fines up to $2,500, extended license suspension, and mandatory substance abuse treatment.
Defending Against a Prescription DUI
Possible defenses include:
- Challenging the legality of the traffic stop
- Disputing drug test accuracy
- Proving lack of impairment
- Identifying procedural errors
Common Prescription Drugs
Common prescription drugs that may result in impaired driving and a DUI charge include:
- Oxycodone (OxyContin)
- Hydrocodone (Norco)
- Medical Marijuana
- Xanax
- Adderall
- Methadone
- Demerol
- Antidepressants
It is explicitly stated in Oklahoma DUI Statutes that having a prescription for a controlled substance is not a defense against a prescription DUI charge in Oklahoma.
How To Avoid A Prescription Drug DUI
Avoiding a prescription drug-related DUI can be challenging if you are on a daily medication that can result in impaired driving or that is listed as a controlled substance. In particular, if you are prescribed a drug listed on Schedule I, you could face a charge any time you drive with this substance in your system. It is advisable to refrain from driving when you are taking Schedule I drugs, such as OxyContin and Marijuana, and seek advice from a medical professional if this is impacting your life.
If you are taking prescription or over-the-counter medication, you should read warning labels and be aware of potential side effects. Do not combine medications where possible, and be aware that mixing drugs with any amount of alcohol, no matter how small, could result in impairment.
Cannon & Associates Prescription Defense Attorneys
Prescription drug DUI charges in Oklahoma are serious criminal offenses carrying harsh penalties if convicted. Having a prescription for the medication you were taking doesn’t usually matter in the courtroom where DUIs are concerned. Often, the prosecution will view your offense no differently than someone driving drunk or under the influence of illegal drugs.
At Cannon & Associates, our defense attorneys will always aim to have your charges dropped to avoid you facing any penalties entirely. This is our main goal in every case, and we will go above and beyond to achieve this. If this is not possible, we will use our experience and skill to negotiate with the prosecution to secure the best possible outcome for you. This could include a reduced charge, suspended sentence, probation instead of jail time, and overall lesser penalties.
If you are facing a prescription drug DUI, do not waste time before seeking legal advice. The sooner you secure your representation, the sooner your attorney can begin your defense. Contact Cannon & Associates to begin the process and schedule a free consultation with one of our experienced attorneys. Call us today at 405-591-3935 to book your appointment.