You sure can.

Although drunk driving might be the first thing that comes to your mind when you think of getting arrested for DUI (or DWI, depending on your state’s lingo), DUI laws comprise a fairly wide range of intoxicants, including controlled substances like prescription medications.

So, yes. It’s entirely possible to be charged with DUI for driving while under the influence of prescription drugs.

What is less certain is how the situation will play out if you are.

DUI and Driver License Suspension or Revocation

What happens after you’re arrested for a prescription drug-related DUI depends entirely on your state’s DUI laws and your specific situation.

For example, if your blood test shows the amount of the drug in your system was within the limits of your prescription, your judge might be willing to downgrade the charge to a warning; at the same time, the fact that your driving was dangerous-looking enough for an officer to pull you over might be enough to make the charge – and all it’s consequences – stick.

Also, you have to keep in mind any previous related charges you’ve had. For example, if this is your second or third DUI offense you’re probably facing the full brunt of your state’s DUI laws and consequences, e.g. suspended or revoked drivers license, hefty fines, a drug and alcohol awareness course, and possibly even jail time.

Two things are for certain, of course: you’ll have to prove the prescription medication is indeed your prescription, and it’s in your best interest to hire a DUI lawyer – no matter what the arresting officer promises you at the time of the arrest.

For more information about how DUI arrests involving prescription drugs can affect your drivers license, contact your local DMV office.