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Prescription Drugs Can Result in a DUI Conviction
July 01, 2009
Topic: DWI & DUI
While everyone certainly recognizes that drinking excessively or talking illegal drugs and then driving can result in an arrest and conviction for DWI or DUI, it is less well known that taking legal prescription drugs and driving can also result in a conviction for driving under the influence. Regardless of whether the substance ingested is legal or illegal, if it impairs the ability to drive, it can result in a DUI arrest.
DUI and DWI defense attorneys are seeing more and more cases of prescription drugs resulting in DUI arrests. They are also seeing cases of "sleepdriving," where the driver took Ambien and later "woke up" either at the scene of his own accident or in jail, under arrest for DUI. In some of these cases, the driver was unaware that the use of Ambien could produce such a mental state.
A recent decision from Pennsylvania, Riley v. Commonwealth of Virginia, (VA Court of Appeals No. 080920 - issued April 17, 2009) reviewed a felony DUI conviction that resulted from the following facts, as described by the trial judge:
"The fact remains in this case the Defendant did have a long history of sleep disorders. He had a long history of what has been described as sleepwalking. A long history of bizarre behavior during those episodes. It is also I believe uncontested and clear that he took a significant overdose voluntarily of Ambien coupled with two other drugs. One of which was an antihistamine that aggravated the effects of Ambien. There's medical expert testimony. I find that he either knew or should have known what the probable consequences were or if he didn't, taking voluntarily such an overdose of a drug which he certainly knew or should have known had a lot of side effects including sleepwalking if, in fact, he was, was in itself reckless disregard. For that reason, I'm satisfied the Commonwealth has proven its case. [I f]ind the Defendant guilty of driving in a manner so gross, wanton and culpable as to show a reckless disregard of a human life and he did unintentionally cause serious bodily injury resulting in permanent and significant physical impairment."
Similar cases are occurring in other jurisdictions as well, including Virginia, Fairfax County/Tysons Corner, and other counties in Northern Virginia. "Sleepdriving" is unique in that if the driver is essentially "unconscious" and had no plan or intent to drive. However, any prescription drug that impairs one's motor skills, including xanax, valium, percocet/oxycodone, codein, codeine, methadone, ritalin, and morphine, among others, can result in a DUI charge.
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