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A DUI (driving under the influence) charge is one of the most common and potentially life-altering criminal offenses in the United States.
In Louisiana, as in most states, DUI charges are typically associated with alcohol or illegal drugs. But many people don’t realize that legally prescribed medications can also lead to a DUI arrest and conviction.
Imagine this scenario: you take medication prescribed by your doctor to treat anxiety, pain, or even allergies.
You then drive to the grocery store, feeling mostly normal, and get pulled over for a minor traffic violation. During the stop, the officer notices slurred speech or delayed reactions and begins a DUI investigation. Even if you were following your doctor’s orders, you could still be arrested and charged.
Many individuals with valid prescriptions are unaware that their medications may impair driving abilities, resulting in criminal liability. This lack of awareness can lead to unexpected arrests, legal trouble, and devastating personal and professional consequences.
The Ikerd Law Firm knows how overwhelming and unfair it can feel to be arrested after simply taking medication prescribed by your doctor.
If you’re facing DUI charges involving prescription drugs in Louisiana, we’re here to help. Our DUI attorney will evaluate your case, explain your options, and fight to protect your future.
Contact us today for a free consultation and immediate legal support.
While prescription medications are legally obtained and used under medical supervision, that does not automatically mean it’s safe to drive after taking them.
Many medications, even when used correctly, can have side effects that impair a person’s ability to safely operate a motor vehicle.
Some common side effects include:
Under Louisiana Revised Statutes 14:98, it is illegal to operate a motor vehicle while “impaired” by alcohol or any “drug” or combination of the two. The term “drug” means any substance or combination of substances that, when taken into the human body, can impair the ability of the person to operate a vehicle safely. This includes legal prescription drugs if said drugs impair the driver’s ability to operate the vehicle safely.
Here are some of the most frequently cited prescription drug categories in DUI cases:
Commonly prescribed for pain relief, opioids can significantly reduce mental alertness and physical coordination.
These medications are used to treat anxiety, panic disorders, and insomnia. They can cause sedation, memory loss, and slowed reflexes.
While essential for mental health management, some antidepressants can cause drowsiness or agitation.
Commonly used for allergies or colds, first-generation antihistamines in particular are known for their sedative effects.
Even over-the-counter medications that cause drowsiness can technically lead to DUI charges if the effects “impair” driving.
Louisiana law does not differentiate between impairing substances. Whether it’s alcohol, illegal drugs, or legally prescribed medication, the core issue is impairment.
Prosecutors must prove impairment under state DUI statutes:
Prescription medication does not provide immunity from a DUI charge. The court is focused on whether the medication made your driving unsafe, not whether it was legally obtained.
There are multiple legal defenses available, depending on the facts of the case. For instance, if you can demonstrate that you took the medication as directed and were not impaired, or if there were issues with how the arresting officer conducted the stop or testing, these could be potential defenses.
One of the strongest defenses is the lack of knowledge that the medication would impair your ability to drive.
A person is generally presumed to be aware of potential impairment if they take a medication that carries a warning. But if they have taken the medication multiple times as prescribed without experiencing impairment, they may be able to rebut that presumption by showing they had no reason to foresee an impairing effect based on their prior experience.
A defendant may also present evidence that they:
While not a complete shield, these factors can help build a defense showing no criminal intent or negligence.
When a DUI arrest is based on suspicion of drug impairment (including prescription drugs), field sobriety tests and chemical testing are key tools law enforcement uses to build a case.
These are physical tasks (like walking in a straight line or standing on one leg) used to assess coordination and balance. But many people (especially those with medical issues or anxiety) may fail these tests even if they’re not impaired.
Unlike alcohol, which is easily measured by a breathalyzer, detecting prescription drugs usually requires a blood or urine test.
The presence of a drug in your system does not automatically mean impairment—prosecutors must prove that the drug’s presence actually affected your ability to drive.
Some jurisdictions, including parts of Louisiana, use DREs. These are officers trained to identify signs of drug impairment. But these evaluations are often subjective and can be challenged in court.
A strong defense strategy will usually involve challenging the prosecution’s evidence of impairment.
Some common tactics include:
If a person accidentally mixed medications prescribed by different doctors or was unaware of how the combination might affect them, they may argue they had no way of anticipating impairment.
Doctors and pharmacists are required to inform patients about potential side effects, including drowsiness or cognitive impairment.
If a medical professional failed to warn a patient about the dangers of driving while on the medication, the defense can argue the defendant lacked the necessary knowledge to avoid impaired driving.
Proof of inadequate warnings, such as missing labels or the absence of verbal instruction, can be a powerful mitigating factor.
In Louisiana, a DUI conviction—even if related to prescription drugs—can result in:
The effects of a DUI conviction extend far beyond the courtroom:
The first and most important rule: do not panic and do not make incriminating statements. Anything you say can and will be used against you.
Politely invoke your Fifth Amendment right to remain silent and request an attorney before answering any questions.
This documentation can be invaluable in building a defense.
Facing a DUI charge involving prescription medications requires skilled legal representation.
A criminal defense attorney can:
Here are some key strategies used by defense attorneys in these types of cases:
Present evidence that the medication was prescribed by a licensed professional.
Demonstrate that the defendant was taking the drug exactly as instructed.
If drug interactions occurred between prescriptions from different doctors or between prescription and over-the-counter medications, the defense may argue that the defendant could not have reasonably known they would become impaired.
DUI charges involving prescription medications are complex. Many well-meaning people are caught off guard—taking medications legally and as prescribed, yet still facing criminal prosecution.
The law does not excuse impairment simply because the substance was prescribed, but it does require the prosecution to prove that you were actually impaired while driving.
Understanding how prescription medications can impact your driving, knowing your legal rights, and working with an experienced defense attorney can make all the difference in how your case is resolved.
If you or someone you care about is facing DUI charges related to prescription drug use in Louisiana, don’t wait to take action. Contact a skilled criminal defense attorney immediately to protect your rights, examine your legal options, and begin building a strong defense.
Call us today for a confidential consultation. We understand the nuances of prescription-related DUI charges and are here to fight for the best possible outcome in your case.
