Perhaps you have a bad cold and are taking medication to alleviate the symptoms; or maybe you pulled your back while exercising and are taking painkillers to reduce the agony. No matter what the reason or ailment in question might be, one thing’s for sure: You shouldn’t even think about operating a vehicle if your medication bottle instructs you not to.
It’s not uncommon for many widely-available cold or prescription drugs to be labeled with warnings along the lines of “may cause drowsiness” and “do not attempt to operate a vehicle or heavy machinery while taking this medication.” While some people might be inclined to shrug off such words of caution, the reality is that some medications truly can end up impairing one’s ability to drive. By attempting to operate a vehicle while under the influence of medication, you could end up breaking the law and injuring yourself – or others – in the process.
But is driving while medicated really as bad as driving while under the influence of alcohol? Charles Nistico of the firm Nistico Roberts, P.C. is an experienced DUI lawyer who has been serving Pennsylvania’s Philadelphia, Chester, Delaware, Montgomery, and Bucks counties for more than 30 years, and according to him, the answer is a resounding “yes.” In fact, driving while under the influence of any medication that impairs your ability to do so safely is actually akin to driving while under the influence of alcohol. After all, the term DUI stands for “Driving Under the Influence,” and while most people are quick to assume that the law only applies to alcohol, it actually covers any and all substances that might impair one’s ability – including over-the-counter and legitimate prescription medications. Additionally, when it comes to coming up with DUI defenses, it can be just as difficult to represent a client convicted of drunk driving as it is to defend someone who was found to be driving under the influence of cold pills.
But what about drugs that do end up impairing one’s driving ability but aren’t actually labeled as such? According to Nistico, it’s a tricky situation. According to the law, there technically might be grounds for conviction in such cases, even if the right dose was taken. (Of course, if you took more than the prescribed or recommended dose, then you’re probably out of luck on the defense front.) However, in practice, you’re not as likely to be convicted of DUI if you’re able to prove that you took the proper amount of a given drug, and that it was not equipped with the proper warning label regarding its effect on driving skills. In other words, if you can prove that you never meant to violate the law, then there’s a good chance that you’ll walk away with little or no punishment. However, that same defense is not apt to fly in situations where the warning not to drive was evident.
If you’re suffering from a medical condition that requires you to take medications to get through the day, then read those warning labels carefully before attempting to get behind the wheel. Not only can driving while under the influence of medication get you into trouble with the law, it can also end up causing you additional pain and suffering in the event of an actual accident. Remember, when it comes to DUI regulations, it’s always better to play it safe than to wind up being sorry.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
