Can You Get a DUI for Prescription Drugs in Washington State?
Drunk and drugged driving is obviously illegal, and many drivers take these laws seriously. However, when you take prescription drugs, you might not understand exactly how these often lifesaving medications interact with DUI laws.
Generally speaking, you can be arrested and convicted of DUI regardless of what drugs you had in your system. It makes no difference whether they were illegal drugs or prescription drugs, and it makes no difference if they were your prescription drugs or someone else’s. There may be possible defenses if you did not know the drug could affect your driving – and some drugs do not actually affect driving at all.
Call the Law Offices of Smith & White at (253) 203-1645 to discuss your charges with our Tacoma, WA DUI defense lawyers today.
What Drugs Qualify for a DUI in Washington State?
Drunk driving cases obviously involve alcohol, and you typically need to meet a certain level of alcohol in your system before DUI charges would kick in. With drug-related DUI charges, you can be arrested for DUI with essentially any amount of drugs in your system that affect your driving.
Prescription DUI Rules
It does not matter if the drugs are prescription or not. If they affect your driving and make you unsafe behind the wheel, then you can still get a drug DUI for having the drugs in your system while driving.
There are many common prescription drugs that make people unsafe behind the wheel, such as narcotic painkillers and sleep medication.
What Drugs Count for DUIs?
There is no specific list of drugs that “count” for a DUI. Instead, the DUI statute makes it a crime to drive while “under the influence of or affected by … any drug.”
This means that there is some room for our Washington DUI defense lawyers to argue that the drug did not put you “under the influence” or “affect” your driving. For example, if you take prescription Adderall, we may be able to argue that it does not negatively affect your ability to drive in any way and should not be grounds for a DUI charge.
However, drugs can affect everyone differently, so this kind of argument is not always available. Moreover, it may still be technically illegal, and the issue will be whether the prosecution decides to move forward with charges or we can convince them to drop them.
Things to Consider When Driving on Prescription Medication
There are a few legal principles to consider regarding how and when it becomes illegal to drive on prescription drugs:
Whose Prescription?
The fact that a drug is a “prescription drug” usually does not protect you from DUI charges in at all if the prescription is not yours. Even with a valid prescription in your name, some drugs are still unsafe for driving and can lead to charges anyway.
No “Safe” Amount
DUI laws in Washington do not have any explicit “de minimis” defenses that say a very small amount is okay for driving. Any detectable amount could be considered enough for DUI charges.
However, they still need to prove you were “under the influence” or “affected” by the drugs, and small amounts make that difficult. Additionally, marijuana DUIs can only be charged with a THC concentration of 5.00 or more.
Timing of Test
Blood tests used to detect drugs must typically be taken within 2 hours of the defendant’s driving to be used against you. If the blood for the drug test was taken more than two hours later, it can be harder for the prosecution to use the results against you, but it may still be possible.
How to Fight Prescription DUI Charges
There are ways to get prescription DUI charges thrown out or negotiated down, including using these kinds of defenses and arguments – but not every defense or argument will apply to every case:
Challenging the Stop or Arrest
If you were illegally stopped without reasonable suspicion or you were illegally arrested without probable cause, the arrest – and the resulting charges – cannot stand.
Challenging “Under the Influence”
If you were not actually under the influence or the drug did not affect your driving, it should not be prosecuted.
Pleas to Reduced Charges
Sometimes lawyers can negotiate reduced charges in exchange for a guilty plea. For example, a reckless driving charge may be substituted in some cases.
Diversionary Programs
Washington state allows for deferred prosecution, where DUI defendants may be able to complete substance use education and probation in exchange for dropping the charges after years of compliance.
Involuntary Intoxication
If you did not know you were drugged, then drove, we might be able to get charges dropped. After all, you were also a victim of a crime when someone else drugged you, even if they used a “prescription drug.”
Sleep Driving
A surprisingly common occurrence with sleep medication is that people will take their medication at night, then go to bed, then wake up later to find themselves being arrested or already in jail for drugged driving. If you did not intentionally drive because you were unconscious the whole time, you cannot be criminally responsible for it.
FAQs for Prescription DUIs in Washington
Will I Face Lower Penalties for a Prescription DUI?
The penalties in any criminal case are always based on how serious the charges were and how intentional the crime was. If you were under the effects of a new medication or had no warning that the drug would affect your driving, we may be able to convince the prosecutors to drop your charges.
What Prescription Drugs are Common for DUI Charges?
Many DUI cases involve these common prescription drugs:
- Opiates, opioids, and narcotic painkillers
- Muscle relaxants
- Sleep medication
- Cough medicines
- Prescription marijuana.
What am I Supposed to Do if I Take Prescription Drugs and Need to Drive?
If you are on a temporary course of drugs – such as muscle relaxants for back pain or post-surgery painkillers – you should avoid driving any time the drugs are in your system. However, it might be unrealistic to never drive again just because you take ADHD meds, heart medication, or other daily prescriptions.
Always talk with your doctor (and lawyer) about how your prescription drugs affect you and whether driving is safe. Avoid mixing medications and alcohol, and never get behind the wheel on new prescriptions until you know how they will affect you.
Call Our Washington State DUI Lawyers Today
For help with your case, call our Washington DUI defense attorneys today at Smith & White at (253) 203-1645.