When most people think of driving under the influence (DUI), they immediately think of alcohol. However, DUI laws in Georgia, like many other states, also apply to impairment caused by drugs, including legally prescribed medications.
This leads to a critical question: Can you be arrested for DUI in Georgia because of prescription drugs? The answer is yes, and understanding how the law applies to prescription drug use is essential for anyone who takes medication and drives.
As local DUI lawyers we wanted to take a closer look at this important issue.
The Legal Framework: Georgia's DUI Laws
Georgia’s DUI laws are stringent and encompass more than just alcohol. Under O.C.G.A. § 40-6-391, a person can be charged with DUI if they are "under the influence of any drug to the extent that it is less safe for the person to drive."
This statute doesn't distinguish between illegal drugs, over-the-counter medications, or prescription drugs. If a substance impairs your ability to drive safely, you can be arrested for DUI.
Understanding "Less Safe" DUI
The key term in Georgia’s DUI drug statute is "less safe." Unlike alcohol-related DUI cases, where a blood alcohol concentration (BAC) of 0.08% or higher creates a presumption of impairment, there is no comparable numerical threshold for drug impairment. Instead, the state must prove that the driver was impaired to the extent that they were less safe to drive.
This "less safe" standard is somewhat subjective and can be based on a variety of factors, including erratic driving behavior, the presence of drugs in the driver's system, and observations from law enforcement officers. Even if a driver has a valid prescription for the drug in question, they can still be arrested and charged with DUI if their driving ability is impaired.
Common Prescription Drugs That Can Lead to DUI Arrests
Many prescription medications can cause side effects that impair a person's ability to drive safely. Some of the most common prescription drugs that can lead to DUI arrests in Georgia include:
- Painkillers (Opioids): Medications like oxycodone, hydrocodone, and morphine are powerful pain relievers that can cause drowsiness, dizziness, and impaired cognitive function. Even if taken as prescribed, these drugs can make it unsafe to drive.
- Benzodiazepines: Drugs such as Xanax, Valium, and Ativan are commonly prescribed for anxiety and sleep disorders. These medications can cause sedation, slowed reaction times, and impaired coordination, all of which can make driving dangerous.
- Antidepressants: Some antidepressants, particularly those in the tricyclic and SSRI categories, can cause drowsiness, blurred vision, and delayed reaction times, which can impair driving ability.
- Sleep Aids: Medications like Ambien and Lunesta are prescribed to help people with insomnia. However, these drugs can cause "sleep driving," a phenomenon where individuals drive while partially asleep, leading to highly dangerous situations.
- Stimulants: Prescription stimulants like Adderall and Ritalin, often used to treat ADHD, can cause restlessness, agitation, and impulsive behavior, which can lead to unsafe driving practices.
- Muscle Relaxants: Drugs like Soma and Flexeril are prescribed to relieve muscle spasms but can cause dizziness, drowsiness, and impaired coordination, all of which can affect driving.
The Role of Law Enforcement in Prescription Drug DUI Cases
When a driver is suspected of being under the influence of drugs, law enforcement officers in Georgia will typically follow a series of steps to determine if the driver is impaired. These steps may include:
- Traffic Stop: The process often begins with a traffic stop, which could be initiated for various reasons, such as erratic driving, speeding, or running a red light. If the officer suspects impairment, they will investigate further.
- Field Sobriety Tests (FSTs): If the officer believes the driver may be impaired, they may ask the driver to perform field sobriety tests. These tests, such as the walk-and-turn or one-leg stand, are designed to assess the driver's balance, coordination, and ability to follow instructions. However, these tests can be subjective, and factors like nervousness, medical conditions, or even poor road conditions can affect performance.
- Drug Recognition Expert (DRE) Evaluation: In some cases, a specially trained officer known as a Drug Recognition Expert (DRE) may be called to the scene to conduct a more thorough evaluation. The DRE will assess the driver’s behavior, conduct a physical examination, and look for signs of drug use.
- Chemical Testing: If the officer believes the driver is impaired, they may request a chemical test, such as a blood or urine test, to detect the presence of drugs in the driver's system. Unlike alcohol, where breathalyzers provide immediate results, drug tests require lab analysis, which can take time. The sample are sent to the Georgia Bureau of Investigation lab for testing.
Defending Against Prescription Drug DUI Charges
Being arrested for DUI due to prescription drug use can be a frightening and confusing experience, especially for those who are taking their medication as prescribed. However, several defenses may be available to challenge the charges:
- Prescription Validity: One possible defense is to demonstrate that the driver was taking the medication as prescribed by a licensed healthcare provider. While this alone does not automatically negate a DUI charge, it can be a factor in the defense.
- Lack of Impairment: Another defense is to argue that the driver was not actually impaired at the time of the arrest. This may involve challenging the results of field sobriety tests, chemical tests, or the observations of the arresting officer.
- Unlawful Traffic Stop: If the initial traffic stop was conducted without probable cause, any evidence obtained during the stop may be inadmissible in court. An experienced DUI attorney can examine the circumstances of the stop to determine if it was lawful.
- Medical Conditions: Some medical conditions can mimic the signs of drug impairment, such as neurological disorders, diabetes, or even extreme fatigue. Providing evidence of a medical condition that could explain the driver's behavior may be a viable defense.
- Improper Testing Procedures: Chemical tests for drugs must be conducted according to strict protocols. If there were errors in the testing process, such as improper handling of samples or contamination, the results may be challenged in court.
Consequences of a Prescription Drug DUI Conviction
A conviction for DUI in Georgia, whether due to alcohol, illegal drugs, or prescription medication, carries serious consequences. These can include:
- Fines: DUI fines in Georgia can range from $300 to $1,000 or more, depending on the circumstances of the case and whether it is a first-time or repeat offense.
- Jail Time: A DUI conviction can result in jail time.
- Driver's License Suspension: A DUI conviction typically results in a driver's license suspension.
- Probation: A DUI conviction will result in a period of probation, during which the individual must comply with certain conditions, such as attending DUI school, performing community service, or undergoing drug and alcohol treatment.
Stay Informed and Stay Safe
Driving under the influence of prescription drugs is a serious matter in Georgia, and it's important to understand the risks and legal implications. While prescription medications can be essential for managing various health conditions, they can also impair your ability to drive safely.
If you find yourself facing DUI charges related to prescription drug use, it’s crucial to seek legal counsel from an experienced DUI attorneys like the Sherman Law Group who can help you navigate the complexities of Georgia’s DUI laws.
Ultimately, the best way to avoid a prescription drug DUI is to be aware of how your medication affects you and to refrain from driving if you feel impaired in any way. By staying informed and making responsible choices, you can protect yourself on the road.