Many people associate “Driving Under the Influence” (DUI) with illegal drugs and alcohol. However, in Georgia, you can be charged with a DUI even if you’re taking prescription medication, as prescribed by your doctor. This article will explain the dangers and legal consequences of driving while impaired by prescription drugs in Georgia.
Why Prescription Medications Can Be Dangerous Behind the Wheel
Prescription drugs are designed to help people with various health conditions. While they can be very beneficial, some medications have side effects that can make driving dangerous. These side effects can include:
- Drowsiness or Fatigue: Some medications, like sleeping pills, muscle relaxants, and even some allergy medicines, can make you feel sleepy. This can slow your reaction time and make it difficult to stay awake while driving.
- Dizziness: Certain medications can cause dizziness or light-headedness, making it hard to maintain control of your vehicle.
- Blurred Vision: Some drugs can affect your vision, making it difficult to see clearly. This is extremely dangerous when driving, as you need to see road signs, other vehicles, and pedestrians.
- Slowed Reaction Time: Many medications can slow down your reaction time. This means it takes longer for you to respond to unexpected events on the road, like a car stopping suddenly in front of you.
- Impaired Judgment: Some drugs can affect your ability to make good decisions. This can lead to risky driving behaviors, like speeding or running red lights.
- Nausea: Some prescription medicines can cause nausea, which can be distracting.
Georgia’s Law on Driving Under the Influence of Prescription Drugs
Georgia law is very clear: it’s illegal to drive under the influence of any drug, including prescription medication, if it makes you a less safe driver. It is important to understand a few key points about this law:
- “Less Safe to Drive”: The law doesn’t focus on how much of a drug you’ve taken. Instead, it focuses on whether the drug has impaired your ability to drive safely. This means that even if you’re taking the medication exactly as prescribed, you can still be charged with a DUI if it makes you a less safe driver.
- No “Legal Limit”: Unlike alcohol, where there’s a specific blood alcohol concentration (BAC) limit (0.08% for adults), there’s no set “legal limit” for prescription drugs. The determination of impairment is based on the officer’s observations of your driving and behavior.
- Having a Prescription is Not a Defense: The fact that you have a valid prescription for the medication is not a defense against a DUI charge in Georgia. The law specifically states this.
How Police Determine Impairment
If a police officer suspects you’re driving under the influence of prescription drugs, they might use several methods to assess your impairment:
- Observation of Driving: The officer will look for signs of impaired driving, such as weaving, drifting between lanes, driving too slowly, making sudden stops, or other erratic behavior.
- Field Sobriety Tests: These tests, like the walk-and-turn or one-leg stand, are designed to assess your balance, coordination, and ability to follow instructions. These are the same tests used for alcohol-related DUIs.
- Questioning: The officer may ask you if you’re taking any medications. It’s important to be honest, but you don’t have to provide more information than necessary.
- Blood or Urine Tests: Under Georgia’s “implied consent” law, if you’re arrested for DUI, you’re required to submit to a chemical test (usually a blood or urine test) to determine the presence of drugs in your system. Refusing this test can result in an automatic license suspension.
Penalties for Prescription Drug DUI in Georgia
The penalties for a prescription drug DUI in Georgia are the same as for an alcohol-related DUI. These penalties can be severe, even for a first offense:
- First Offense: A first offense is usually a misdemeanor. Penalties can include up to $1,000 in fines, a minimum of 24 hours and up to 1 year in jail, a driver’s license suspension, mandatory community service, and a DUI education program.
- Second Offense: A second offense within 10 years is also a misdemeanor. Penalties increase to a minimum of 72 hours and up to 1 year in jail, higher fines, and a longer license suspension.
- Third Offense: A third offense within 10 years is considered a “high and aggravated misdemeanor.” This carries even steeper penalties, including a minimum of 120 days and up to 1 year in jail, substantial fines, and a lengthy license suspension.
- Fourth Offense: A fourth offense within 10 years can be a felony, with even more severe consequences, including a year in jail.
- Additional Penalties: If a child under 14 was in the car at the time of the offense, there are additional penalties.
Mixing Prescription Drugs with Alcohol
It’s extremely dangerous to mix prescription medications with alcohol. Even a small amount of alcohol can significantly increase the impairing effects of many medications. If you’re taking a prescription drug, be sure to ask your doctor or pharmacist about the risks of combining it with alcohol. Georgia law addresses this, stating that being under the combined influence of any two or more substances, including alcohol and prescription drugs, to the extent that it is less safe to drive, is illegal.
Commonly Abused Prescription Drugs
While any prescription drug can cause impairment, some are more commonly associated with DUI charges. These include:
- Opioid Painkillers: (e.g., OxyContin, Vicodin, Percocet) These drugs can cause drowsiness, slowed reaction time, and impaired judgment.
- Benzodiazepines: (e.g., Xanax, Valium, Ativan) These anti-anxiety medications can cause drowsiness, dizziness, and confusion.
- Sleep Medications: (e.g., Ambien, Lunesta) These drugs are designed to make you sleepy, and their effects can last into the next day.
- Muscle Relaxants: (e.g., Soma, Flexeril) These medications can cause drowsiness and weakness.
- Antidepressants: Some antidepressants can cause drowsiness or other side effects that impair driving.
- Antihistamines: Even some over-the-counter allergy medications can cause drowsiness.
Protecting Yourself and Others
The best way to avoid a prescription drug DUI is to be informed and take precautions:
- Talk to Your Doctor: Always talk to your doctor or pharmacist about the potential side effects of any medication you’re taking, especially how it might affect your ability to drive.
- Read the Warning Label: Pay close attention to the warning label on your prescription bottle. It will often tell you if the medication can cause drowsiness or impair your ability to operate machinery (which includes driving).
- Don’t Drive If You Feel Impaired: If you feel any of the side effects mentioned earlier (drowsiness, dizziness, etc.), don’t drive. Find an alternative way to get where you need to go.
- Plan Ahead: If you know you’ll need to take medication that might impair your driving, arrange for a ride or use public transportation.
- Be Aware of Over-the-Counter Medications: Even some over-the-counter medications, like antihistamines and decongestants, can cause drowsiness.
Driving under the influence of prescription medication is a serious offense in Georgia. It puts you and others at risk.
If you’ve been injured in an accident caused by someone who was impaired by prescription drugs, you deserve compensation. Monge & Associates has 32 offices in 19 states, including Georgia, Colorado, and Illinois. Call us now for a free consultation at (888) 477-0597. We’re here to help.