DWI: Prescription Medication

dwi prescription drugsIt’s common knowledge that driving under the influence of alcohol is a crime punishable by law. You have a few drinks and you get behind the wheel – this is grounds for a DWI/DUI.

Is it really that simple? Could other factors result in a DWI charge? After all, the basis of a DWI charge is a substance that affects your ability to drive. Alcohol is just holds the most attention.

Avery Appelman of Appelman Law Firm talks about another item that can affect your driving ability, which is that of prescription medication.

As Appelman states on the laws regarding prescription drug DWIs:

“[they’re] are a little tricky to navigate, because the law states that it is a crime to drive, operate or be in physical control of a motor vehicle if your body contains any amount of Schedule I or Schedule II controlled substance other than marijuana or its derivatives. However, if you have a valid prescription for a Schedule I or Schedule II drug, it is not illegal to drive, operate, or physical control a motor vehicle with the prescription in your system.”

Louisiana Revised Statute 14:98 3.(d)(i) states a driving offense as “The operator is under the influence of a combination of alcohol and one or more drugs which are not controlled dangerous substances and which are legally obtainable with or without a prescription.”

Therefore, even if in your system and prescribed by a doctor, you can still wind up with DWI charges. Although you’re legally allowed to use prescription drugs throughout the day, which will more than likely include driving to some place, if it’s enough to impair you then it’s grounds for a DWI charge.

Does this describe a similar situation of what happened to you? Has this happened to a friend or family member of yours, as if the law wasn’t on your side? Southern Oaks Law firm has you covered. Criminal Defense Attorney Taylor Fontenot  knows the local and state DWI laws. His priority is always to help his clients and to do his absolute best to provide a fair solution. So give us a call today and feel safe knowing we’re here to help.

 

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. 

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