Facts About Driving Under the Influence: Prescription Drugs Can Lead to Convictions

Did you know that you can get arrested for "driving under the influence" (DUI) without having an ounce of alcohol in your blood? I certainly didn't. But when a friend's son got arrested for being under the "influence" of prescription drugs, I learned something new. It didn't take long to discover that many states consider any drug that causes one to fail a sobriety field test to be cause for getting a DUI arrest as noted here: totaldui.com/learn_about_dui.htm

According to the laws, a DUI arrest can be made for driving under the influence of either alcohol or drugs. This could be particularly important to know as we head into the Christmas season and many states up their use of road blocks and random drug testing of drivers. If you think you are safe because you have not been drinking and don't feel drunk - don't be so sure!

Some people don't drink but do take other medication, including tranquilizers, when under stress. Some only take sedatives infrequently or when under extreme stress during the holidays - and don't take drugs at any other time of the year. .

Other people take asthma or allergy medocations that can cause drowsiness. Because there are often more police out on the streets during the Christmas season, stopping those who seem impaired, this might be the time to be sure you know the laws about DUI arrests and drug use, even normal prescription drugs. How many people assume a DUI arrest always means driving while drunk? That was always what I thought, perhaps naively so.

Here's the actual facts and some basic tips to consider:

1. Fact: You may be able to be arrested for driving under the influence of alcohol or drugs, even normal prescription drugs. You may totally pass a Breathalyzer or breath test but failing a field sobriety test is still enough for conviction. Any signs of impairment that could affect your driving can be cause for arrest. Even if you don't show signs of impairment, some drugs can cause you to fail a Breath test (also known as a Breathalyzer test). It depends on which type of Breathalyzer is used.

What to do: Know the effects of your medications on your system. If you start a new medication over the holidays be sure you know whether it is likely to make you sleepy or groggy. If so, don't drive, if at all possible, or have a designated driver - just as you would if you intended to drink. Be clear with any police officers if you think your medications are causing a "false positive" on a breath test, particularly if you do not feel sleepy or dazed.

2. Fact: You don't have to drive a car or motor vehicle to be arrested. In some states, riding a bicycle while impaired can be cause for arrest. I don't mean a motorcycle, either, just a standard bicycle. Motorboat owners can also get a DUI arrest.

What to do: Know the law. Don't operate a boat or even ride a bike while impaired, groggy or dazed from any medications. Realize that "don't drink and drive" applies to non-motorized vehicles in many cases.

3. Fact: The laws vary from state to state. Blood alcohol level is just one way of testing for driving under the influence. Even if you pass this test, you can be arrested if you meet other criteria. Depending on your state, you can be subject to arrest if you are underage (separate blood alcohol levels may apply for younger drivers), show signs of impairment even without any alcohol in your system or are a commercial car or truck driver (there can be stricter blood alcohol levels for them)

In some states, an ignition interlock (locking the ignition of a car) and felony convictions for repeat offenses apply. Amazingly, in other states this is not the case.

What to do: Find out about the specifics of your state laws here: totaldui.com/dui_state_laws.htm Also, be aware that state laws can - and do - change. In Kentucky, for example, they have considered lowering the blood alcohol level requirements so that it is easier to be convicted for drunk driving.

4. Fact: People have been arrested for "drunk driving" while having a diabetic reaction or some other condition which makes them appear drunk. Even law enforcement officials such as policemen can arrive at the wrong conclusion. Also, it can be hard to tell if someone is drunk or having a diabetic reaction (in some cases). If the diabetes is severe enough, the individual may not be conscious enough to take a breath test and automatically be taken to jail, a dangerous situation. I once saw a comatose man slumped at the wheel of his moving car in a parking lot! Luckily, he was revived and the car was stopped before anyone was injured.

What to do: Always have any medical alert info or tags clearly visible, lowering the risk of getting mistakenly arrested for drunk driving.

5. Fact: Medications can interact with each other, causing impairment that might not occur with just one med. If you take Tylenol Pm, for instance, and then take an asthma med, the two drugs could cause increased drowsiness, depending on the side effects of each medication.

What to do: Always be clear about how your drugs interact with each other and be wary of taking any new drugs unless you know how it will interact with current medications. Ask your doctor or pharmacist for details.

6. Fact: You do not have to even have the engine turned on to be arrested for drunk driving! In one notable case detailed here blog.totaldui.com/ a man who felt impaired decided to park his truck and sleep it off. Simply being behind the wheel while drunk was enough for a conviction. Admittedly, the odds are pretty low that you'll be arrested for this - but you could.

What to do: Don't get behind the wheel of a car or truck while drunk or on drugs. If you have no place else to "sleep it off" at least move to the passenger side or in the backseat of a car and don't be alone. People have frozen to death in cold weather while trying to sleep in cars or trucks.

7. Fact: Smokeless tobacco may test as a false positive for a Breathalyzer test. That is what happened with one man, as noted here: totaldui.com/dui_articles_false_positive_dui.htm A building contractor was arrested when he failed a test. Later, all charges were dropped.

What to do: Be aware that some situations can give false readings on Breathalyzer tests. If you've been working with paint thinners, you may have breathed enough of the fumes to temporarily affect your blood levels and smokeless tobacco can give a false reading, too, depending on the type of Breath Test used.

8. Fact: You can be arrested for having a hangover, even if it is not from alcohol. In one particular case, a New Jersey man was arrested for failing a field sobriety test the day after he took cocaine. He had slurred speech and other signs of impairment. The result? His license was suspended for two years and he had to fulfill 30 days of community service. You can read about it here: totaldui.com/dui_articles_new_jersey_dui.htm

What to do: Only use prescription drugs and when truly needed, for medical conditions. Even then, know that you may be at risk of a DUI arrest if you drive when using drugs that cause sleepiness, including sleeping pills (why anyone would want to drive after taking sleeping pill is beyond me but maybe some people use them like tranquilizers).

As the above examples show, there is plenty of room for interpretation about what meets the requirements for a DUI or "driving under the influence" arrest. I certainly learned a lot of info I didn't know. I intend to share some of this with family and friends, including a diabetic who has sometimes had reactions that mimic a drunken state.