You've been taking a prescribed medication to manage a health issue, but you had no idea it could impair your ability to drive safely. Suddenly, you find yourself facing DUI charges after being pulled over by police who believed you were under the influence.
As experienced DUI defense lawyers in Flagstaff, the team at Griffen & Stevens Law Firm, PLLC understands the fear and confusion that comes with being accused of impaired driving due to prescription drug use. We're here to help you understand your rights and options under Arizona law.
Common Prescription Medications Linked to Impaired Driving
Many prescription and over-the-counter drugs come with warnings about the potential for drowsiness, dizziness, blurred vision, and slowed reaction time. Some of the most common medications associated with impaired driving include:
- Opioid painkillers. Drugs like oxycodone, hydrocodone, and morphine can cause significant drowsiness and impair judgment. Even when taken as prescribed, these powerful painkillers may make it unsafe to operate a vehicle.
- Benzodiazepines. Used to treat anxiety, insomnia, and seizures, drugs like Xanax, Valium, and Ativan result in excessive drowsiness and impaired coordination. Mixing benzodiazepines with other substances like alcohol dangerously amplifies these effects.
- Antidepressants. Certain antidepressants, especially during the initial weeks of use, may cause drowsiness, dizziness, and impaired concentration. SSRIs like Prozac and Zoloft might have a lower risk of impairment compared to tricyclic antidepressants.
- Sleep aids. Both prescription and over-the-counter sleep medications can significantly impair driving ability, especially if taken during waking hours. The effects may linger well into the next day.
- Muscle relaxants. Medications used to treat muscle spasms and pain can cause drowsiness, dizziness, and impaired coordination, making it risky to drive.
- Antihistamines. Commonly used to treat allergies and colds, first-generation antihistamines such as diphenhydramine (Benadryl) are known to cause significant drowsiness that compromises your reflexes. Newer antihistamines may have less pronounced effects.
Arizona's DUI Laws Related to Prescription Medications
If you’re facing charges for DUI for prescription medications, it’s important to know that under Arizona law, it's illegal to drive or be in actual physical control of a vehicle while under the influence of any drug that impairs your ability to drive safely. This includes both illegal drugs and legal medications prescribed by a doctor.
There's a common misconception that you can't be charged with DUI for prescription medications if you have a valid prescription for the drug in your system. However, this isn't the case. The key factor is whether the drug impaired your driving, not whether it was legally prescribed.
Arizona has a zero-tolerance policy when it comes to driving under the influence of drugs. If blood tests detect any amount of an impairing substance—even if it's a prescription medication—you can be charged with DUI for prescription medications. Prosecutors aren't required to prove that you were actually impaired, just that the substance was present in your body.
Penalties for a first-time prescription medication DUI are the same as those for alcohol-related DUI. You could face jail time, substantial fines, license suspension, probation, and other long-term consequences.
How Our Flagstaff DUI Lawyers Can Fight Prescription Medication DUI Charges
If you’re charged with this offense, it's crucial to speak with our knowledgeable defense lawyers as soon as possible. Several strategies may be available, depending on the circumstances of your case:
- Valid prescription. If it’s current and you took the medication as directed, your lawyer may be able to use this as part of your defense. However, it's not an automatic exemption from DUI charges.
- Impairment not proven. Prosecutors must show that the medication impaired your driving. If our lawyers can demonstrate that you showed no signs of impairment and drove safely, it may weaken the state's case against you.
- Inaccurate blood test. Blood tests for drugs aren’t always reliable. Your attorney can assess whether the testing procedures were properly followed and whether the results can be challenged. Flaws in the testing process may make the evidence inadmissible.
- Blood concentration. Your lawyer may be able to argue that your blood drug levels were still rising at the time of the test and were lower while you were actually driving.
- Medical necessity. In some cases, an argument can be made that taking the medically necessary prescription outweighed the potential risk of driving impairment.
Building a strong prescription medication DUI defense requires carefully examining all evidence, engaging scientific and medical experts, and leveraging in-depth knowledge of Arizona's DUI laws. At Griffen & Stevens Law Firm, our criminal defense professionals know how to spot weaknesses in the prosecution's case and craft a tailored strategy to protect your rights.