Anyone who’s passed a driver’s test or watched the news knows that it’s illegal to operate a vehicle under the influence of alcohol. A lesser-known fact, however, is that having too many drinks isn’t the only way to receive a DUI.
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The reality is that certain prescription (and over-the-counter) drugs – such as diazepam (Valium), Ambien, and Benedryl – can affect your ability to safely operate a vehicle and, in these instances, you’re also at risk of being charged with a DUI for impairment. This is true even when the drug in question has been prescribed by a physician.
Needless to say, the risk is compounded when these drugs are combined with alcoholic beverages and you take the wheel. Even in moderation, alcohol consumption can amplify the effects of prescription and over-the-counter drugs, so even if a blood and/or breath test reveals a BAC of under 0.08%, the state can still prove that you were driving under the influence if there is evidence of prescription drug use that affects your ability to drive.
If, during a DUI arrest, the police find a controlled substance (such as marijuana or a prescription drug with no valid prescription) you may also be charged with simple possession of a controlled substance in addition to a DUI. As a result, it’s best to keep prescription drugs stored in their containers, so there is no question that you are a lawful user.
DUI convictions vary depending on offense:
- First offense: A minimum of 48 consecutive hours of jail time
- Second offense: 45 consecutive days of jail time
- Third offense: 150 consecutive days of jail time
- Fourth offense: Felony (150 consecutive days of jail time)
To prevent a DUI arrest, heed the warnings on your prescription and over-the-counter drugs. When taking these drugs, avoid alcohol consumption and when possible, avoid driving altogether.
