You’ve followed your doctor’s advice. You’ve taken your prescription as directed. And you never imagined that taking care of yourself could lead to a criminal charge, but it can. If you drive after taking certain medications, you could face a DUI for prescription drugs. No doubt, this experience is confusing and frightening. However, a skilled attorney can help you make sense of your situation and fight any charges.
At The Harrell Law Firm, PLLC, our award-winning attorney is here to help you understand your rights, risks, and path forward in any criminal case. You’re not alone, and you deserve a good advocate.
A DUI for Following Doctor’s Orders?
Yes, you can be charged with a DUI for driving under the influence of prescription drugs. A Colorado driver may be subject to DUI penalties if they drive while affected by one or more drugs. And “drugs” in these cases don’t mean just the illegal substances. Drugs subject to Colorado DUI laws include substances intended to:
- Diagnose a disease,
- Cure a disease,
- Mitigate disease symptoms,
- Treat a disease, or
- Prevent a disease.
Whether or not a drug was legally prescribed to you is irrelevant. And it doesn’t matter whether you used the drug as directed. What matters is whether the drug affected your ability to drive safely.
How the Law Defines Being Under the Influence
So, what does it mean to be under the influence of prescription drugs while driving? Under Colorado law, driving under the influence means that a drug or alcohol made you “substantially incapable” of:
- Exercising clear judgment,
- Due care, and
- Sufficient physical control.
If a drug (even one you need to function) affects your judgment, coordination, or reaction time, you could be considered illegally under the influence of prescription drugs while behind the wheel.
How Does Law Enforcement Test for a Prescription Drug DUI?
Unlike alcohol, there’s no breathalyzer for many prescription drugs. However, there are other ways for police to determine if you were driving under the influence. It usually starts with a traffic stop where the officer notices:
- Slurred speech,
- Slow responses,
- Confused behavior, or
- Trouble staying in your lane.
If the officer suspects impairment, you may have to submit to a chemical test, including a blood exam. During testing, the lab may look for traces of prescription drugs in your system. But remember that you do have rights, and a skilled attorney can often challenge how a test was conducted or whether the officer had probable cause to pull you over.
What Are the Penalties for a DUI Prescription Drug Charge?
The penalties for alcohol-related and prescription-drug-related DUIs are generally the same. If law enforcement catches you driving under the influence of a prescription drug, you could face:
-
- Jail time. Depending on your circumstances, you could spend between five days and one year in jail.
- Fines. You may have to pay anywhere from $600 to $1,500 in fines.
- Probation. You may have to submit to several years of probation.
- License revocation. Depending on the facts of your case, you may lose your license for at least one year.
- Drug education and treatment programs. Participating in a program like this might reduce other types of penalties in your case.
- Public or community service. A public service order may also be part of a deferred prosecution or sentence deal.
If you have prior DUI or DWAI convictions, the penalties may increase dramatically, including potential felony charges.
Risks to Your Career and Your Reputation
For many professionals, the biggest fear in a DUI case isn’t just jail; it’s the impact on their professional and personal lives.
A conviction can:
- Appear on background checks,
- Jeopardize professional licenses,
- Disqualify you from certain careers, or
- Damage your reputation.
We understand that a charge may feel like a personal attack on your integrity. You weren’t trying to break the law. You were trying to feel better. We can help ensure you receive the best defense.
How to Fight a DUI Charge for Prescription Drugs
The good news? You can fight a DUI charge for prescription drugs. At The Harrell Law Firm, PLLC, we explore every possible defense to protect your future. The following are a few strategies we may use.
Challenging the Stop
Did the officer have legal grounds to pull you over? If not, the court may throw out any evidence collected after the stop.
Challenging the Officer’s Observations
What you say or how you act during a stop can be misunderstood, especially if you’re experiencing a medical issue. We can look for inconsistencies, bodycam footage, witness testimony, and any law enforcement failure to follow proper procedures.
Challenging the Testing
Drug tests aren’t foolproof. They must be administered and interpreted correctly. We can examine the chain of custody, lab procedures, and whether a drug test proves impairment at the time you were driving.
Showing Responsible Use
We may be able to show that you were not impaired despite having medication in your system. And having a valid prescription can help support your credibility, even if it’s not a legal defense.
Why Work with The Harrell Law Firm, PLLC?
We are an award-winning criminal defense firm serving people across Colorado. But what sets us apart isn’t just our courtroom skills and impressive track record. It’s our compassion.
We believe people who follow their doctor’s advice shouldn’t be treated like criminals. We believe in fighting for justice, dignity, and your future.
Clients who hire us receive:
- Straightforward guidance,
- A clear action plan,
- Tough advocacy, and
- Personal support every step of the way
We don’t judge. We listen, and we fight.
Contact Us Today
If you’re worried about a DUI for taking prescription medication, don’t wait. Contact our experienced and skilled defense attorney today. The sooner we can review your case, the sooner we can defend your rights. We have over a decade of experience and have won dismissals and reduced penalties for many defendants in Colorado.
Your health should never become a criminal liability. If you’re facing a prescription drug DUI charge or if you’re unsure whether your medication could lead to legal trouble, we’re here to help. Contact us by phone or online to schedule an appointment.
Resources:
