Your License, Our Priority

Taking Medication and Arrested for DUI? What You Need to Know

The doctor gave you a prescription for medication. The warning label states there is a possibility of drowsiness. You aren’t concerned. After all, you’ve taken this same medication in the past with no ill effects. Should you be worried that you could be arrested for DUI? Unfortunately, yes.Arrested for DUI

It could start as a minor traffic stop. Perhaps you did something as simple as coasting through a stop sign. You know that you haven’t been drinking. You certainly haven’t used any illegal drugs. You don’t feel impaired and are shocked when the police officer starts asking you questions. In fact, you readily admit to taking the prescribed medication. After all, you haven’t done anything against the law. And then, the trouble begins.

Prescription Meds and Driving While Under the Influence

We painted a picture of a very typical scenario. Many people are prescribed medication for a variety of reasons. Unfortunately the fact that they are legal prescriptions is irrelevant when it comes to DUI charges. Drivers are still under an obligation to operate their vehicles safely. This means they should refrain from driving while impaired.

Of course, every person is different. Prescription medications may induce different reactions. If you’ve consumed just one drink and also taken certain kinds of medication, you may wind up impaired. Wondering what drugs could potentially cause problems? Here’s a short list of some common medications that can stop drivers from driving safely:

  • Antihistamines – Including over the counter medication
  • Sleeping pills, such as Ambien
  • Anti-seizure medications
  • Painkillers, such as Percocet or Vicodin
  • Cough and cold medications
  • Anxiety and anti-depression medicine, such as Xanax
  • Muscle relaxers
  • Drugs for Attention Deficit Disorder

How will the court determine if you have taken prescribed medication? In our example case, the information was volunteered. If you are ever in this type of situation, we suggest against providing unnecessary information. Keep in mind, we are not encouraging you to lie.

You may be asked to participate in field sobriety tests. The police officer may determine that you have failed the tests and use this as a reason for your arrest.

If there are concerns that alcohol is a factor, the police officer may offer a breathalyzer. You may even pass it. As a last resort, you may be requested to provide a blood or urine sample.

Contact Us

Were you arrested for driving under the influence while using prescribed medication? At the Law Offices of Beninato & Matrafaljo, we can help you fight the charges. Contact us to set up a meeting to discuss the aspects of your arrest.

Attorney Dan
Dan T. Matrafajlo

NJ State Bar: #031722003

Dan T. Matrafajlo, Esq., is the managing member and lead partner at Beninato and Matrafajlo, Attorneys at Law, LLC. Renowned for groundbreaking contributions to personal injury law, he has set legal precedents with influential Appellate decisions and garnered recognition in the New Jersey Law Journal. A consistent honoree on Super Lawyers’ Rising Star list for the past five years, Matrafajlo’s litigation prowess is widely acknowledged. He has won various awards like Super Lawyers, Thomson Reuters Association 2019, and Nominated into Super Lawyers as a Rising Star from 2012 until the Present.

FREE CASE EVALUATION

Please fill out the following form and we will contact you as soon as possible.

  • This field is for validation purposes and should be left unchanged.

Newsletter