Can a person taking over-the-counter or prescription medication be charged with DUI? In short, yes.
Kentucky can and does charge individuals with DUI who claim to have taken only prescription or over-the-counter drugs - even if the level of the dose was below the therapeutic dose. Unfortunately, the fact that a person has taken a therapeutic dose of a medication can mean that they were impaired.
Importantly, some drugs, by their very nature and even when taken according to the prescription or manufacturer instructions can cause impairment for driving. For example, sleep aids taken at a therapeutic level cause sleep. In the case of individuals with ADD or ADHD, the use of amphetamine can result in a DUI as a result of law - even if the medication makes the person with ADD or ADHD a less distracted and thereafore a better driver.
According to KRS 189A.010(1)(d) and KRS 189A.010(12), a person can be found guilty of DUI if any of the following substances are found in their blood within two hours of the cessation of the operation of a motor vehicle:
- Any Schedule I controlled substance except marijuana;
- Amphetamine (frequently prescribed for ADD / ADHD);
- Propoxyphene; and
If you have been charged with a DUI based on a prescription or over-the-counter medication then you need to seek the services of an experienced DUI attorney.