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;
- Alprazolam;
- Amphetamine (frequently prescribed for ADD / ADHD);
- Buprenorphine;
- Butalbital;
- Carisoprodol;
- Cocaine;
- Diazepam;
- Hydrocodone;
- Meprobamate;
- Methadone;
- Methamphetamine;
- Oxycodone;
- Promethazine;
- Propoxyphene; and
- Zolpidem.
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.
Post by Lexington Criminal Defense and DUI Attorney Stephen J. Isaacs, Isaacs Law Office.
I'm not sure where you are getting your info, but great topic. I needs to spend some time learning much more or understanding more. Thanks for excellent info I was looking for this information for my mission.
Posted by: fatest way to burn belly fat | November 15, 2013 at 02:35 AM
Good information.
Posted by: Eleanor | September 28, 2013 at 10:53 PM