If you rely on prescription medication, you might assume that as long as you take your medication as directed by your doctor, you are safe to drive. Unfortunately, the law doesn't always see it that way. In Oklahoma, you can be charged with a Driving Under the Influence (DUI) offense even if the substance that impaired your driving ability was a legally prescribed medication.
Understanding Oklahoma's DUI Laws
Oklahoma law prohibits driving while under the influence of alcohol, any intoxicant, or any drug that renders a person "incapable of safely driving or operating a motor vehicle". This includes both illegal drugs and perfectly legal prescription medications. The core issue is not the legality of the substance, but whether it impaired your mental or physical abilities to the extent that you could not safely operate a vehicle.
This specific charge is often referred to as a Drug DUI or DUI-D. Any substance, including painkillers, sedatives, muscle relaxants, and other medications, can potentially result in an arrest if a police officer believes your driving was impaired.
Why Prescribed Medication Can Lead to DUI Charges
Many prescription drugs come with warnings about potential side effects like drowsiness, dizziness, blurred vision, or impaired judgment. Even if you have a tolerance or feel completely fine, the medication may still slow your reaction time or diminish your cognitive function, which can be seen as impairment by law enforcement.
The prosecution doesn't have to prove you were intoxicated like with alcohol; they simply need to show that the medication affected your ability to drive safely. This often relies heavily on evidence like:
Field Sobriety Tests (FSTs): Standardized tests an officer may administer on the roadside. Although designed for alcohol, they are often used in drug impairment cases and can yield "impaired" results due to balance or coordination issues caused by medication.
Blood or Urine Tests: These tests can identify the presence and concentration of the medication in your system. However, a positive test only proves presence, not necessarily impairment, which is a key area for our defense strategies.
Defending Against a Prescription Drug DUI
If you are facing a DUI charge involving prescription medications, know that a conviction is not a foregone conclusion.
Defense in these cases often involves an intricate analysis of several factors:
Challenging Impairment: We work to prove that even with the medication in your system, you were not impaired to the degree necessary for a conviction.
Expert Testimony: We can leverage expert witnesses to explain the pharmacology of your prescription, demonstrating that the dosage or concentration found in your system would not cause impairment.
Procedural Errors: We meticulously scrutinize the traffic stop and arrest procedures—including the administration of FSTs and the handling of chemical tests—to identify any police errors, faulty equipment, or violations of your rights.
At Hunsucker Legal Group, we are led by the only board-certified DUI defense lawyer in Oklahoma City. We possess the precise legal knowledge and technical expertise required to challenge the evidence against you.
Do Not Face a DUI-D Alone
The consequences of a DUI conviction—including jail time, heavy fines, license suspension, and a permanent criminal record—are severe and long-lasting. If you were arrested for a DUI involving prescription medication, you need Hunsucker Legal Group on your side to protect your future.
Every minute counts when defending a DUI charge. Call us at (405) 544-2992 for a free case evaluation.
