Can I Get a DUI for Prescription or Over-the-Counter Medication in Lancaster?

Prescription and over-the-counter medications can help people manage a variety of physical and mental health conditions. However, if police believe your medication impaired your ability to drive safely, you could face a DUI charge. At Chieppor & Egner, our DUI defense lawyers in Lancaster work to protect the rights of people accused of driving under the influence.

What Pennsylvania Law Says About Controlled Substances and DUI Charges

Under 75 Pa.C.S. § 3802, a person can face a DUI charge for driving while under the influence of certain controlled substances or medications. The fact that you take medication does not automatically mean you have committed a DUI. The circumstances of your medication use and its effect on your ability to drive are important factors.

Having certain controlled substances in your blood can lead to a DUI charge, including Schedule I substances or certain Schedule II or III substances. However, some prescribed medications are controlled substances, and the law specifically applies to controlled substances that were not medically prescribed to you. 

Ordinary over-the-counter medications, such as ibuprofen and acetaminophen, are generally not a part of these two categories. 

How Medications Can Affect a Pennsylvania DUI Charge

A prescription or over-the-counter medication could still become an issue in a DUI case if the prosecution claims that the medication caused impairment that affected the person’s ability to drive safely. 

For example, if a Lancaster driver takes a prescription sleep medication the night before work and believes the medication has worn off by morning, but is later stopped after drifting within a lane, police may suspect drug-related impairment and a formal investigation could follow. When evaluating your case, specific factors can be vital evidence, such as: 

• The name of the specific medication you took

• The amount of medication taken

• What time you took the medication and how much time passed before you started driving

• Evidence of impairment while operating your vehicle

Pennsylvania law also addresses situations involving multiple substances. A person may be charged with DUI if they are allegedly under the combined influence of alcohol and a drug, or under the influence of more than one drug, when the combination impairs their ability to drive safely.

If you are facing a Pennsylvania DUI charge involving a prescription medication or another drug, our team can review the circumstances of the traffic stop, the medication involved, any chemical testing, and the evidence of alleged impairment to determine how state law may apply to your case.

Trust Our Lancaster Criminal Defense Attorneys to Advocate for Your Rights

As former assistant district attorneys, Lancaster DUI defense lawyers Alex Egner and Jonathan Chieppor understand how prosecutors build their cases and use that experience to provide clients with strategic criminal defense. Our mission is to provide dedicated legal representation to people facing some of the most difficult and uncertain moments of their lives. 

Contact our firm today by calling 717-393-1400 or by using our online contact form. We’re proud to offer free consultations to new clients residing in York, Lancaster, and Berks Counties.