QUESTION
Can I be charged with DUI on prescription medication if I was given the wrong dosage?
Asked on Dec 26th, 2012 on DUI/DWI - Michigan
More details to this question:
Earlier in the month I broke a couple of ribs while hanging Christmas lights (I fell off the ladder). I picked up my prescription from the store, got home, took the prescription, and then headed out to work. My doctor said it was totally fine if I drove on my medication as long as I took the recommended dose. Along the drive, I started feeling extremely drowsy, so I decided to pull over into the rest stop. As I was pulling into the rest stop, I saw a cop behind me pulling me over for swerving. I told him the situation and he still arrested me for driving under the influence of my medication. He said I looked "messed up". Turns out, the pharmacy messed up and gave me a much stronger prescription than they were supposed to. I was supposed to get the extended release version also, but they gave me the normal instant release, which is why I was feeling the effects so much. Am I liable? Can I fight this DUI arrest by saying that it wasn't my fault? I was supposed to get a significantly milder dosage and not feel the effects like I did.
8 ANSWERS
Gary Moore
There may be a good defense to the charge.
Answered on Jul 07th, 2013 at 9:47 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You can be charged, and convicted, although you MIGHT have a defense of involuntary intoxication. Talk with your lawyer about that possibility.
Answered on Jan 08th, 2013 at 3:30 AM
James Edward Smith
Yes, but you have a good civil case.
Answered on Jan 03rd, 2013 at 1:28 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You have a very good case to challenge. Do NOT plead guilty or take a CWOF on those facts. I strongly urge you to consult with an DUI lawyer. If you haven't already hired counsel and would like to discuss this in more detail call me at the numbers listed below. There is no charge for the consultation and you would be foolish not to challenge this charge. Do not be fooled into taking the CWOF if offered.
Answered on Jan 03rd, 2013 at 12:17 PM
Yes, you can be charged with VC 23152(a), which is just as serious as an alcohol DUI.
Answered on Jan 03rd, 2013 at 12:17 PM
1 Award
You may have a chance of successfully challenging the DUI. Hire a lawyer immediately. You can argue that you were "involuntarily intoxicated" since you did not knowingly take the wrong dosage. With a good lawyer, you might keep your record clean.
Answered on Jan 03rd, 2013 at 12:17 PM
Michael J. Breczinski
I would get a lawyer and fight the matter. You were pulling off as soon as you realized the medication was making it unsafe to drive. You would want proof of the original prescription and what the pharmacy actually gave you.
Answered on Dec 31st, 2012 at 2:36 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Generally speaking, your intentions are not relevant in an OWI (=DUI) prosecution. However, your situation sounds so very unusual, and a prosecution might appear very unfair to a Judge. You can take your chances, or perhaps negotiate with the prosecutor for a less charge like Reckless Driving (which itself can include a driver's license suspension unless you are careful in making the deal).
Answered on Dec 31st, 2012 at 2:36 PM