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View Full Version : Can u get a DUI for prescribed pain meds?



lilred0005
05-03-2009, 01:42 PM
I have always wondered if you can be charged w/ a DUI/DWI for prescribed narcotics. I've always worried that if I get into an accident that I can be cited or even jailed. I'm too cop-phobic to ask "the authorities". I DONT drive fucked up but that may not matter. Does anybody know?

SHELLEY
05-03-2009, 01:59 PM
down here you cannot legally get a dui unless you blow over a .08 BAC
so if you haven't been drinking and you're driving legal, you're good
only exception, they can get you for reckless driving if you're fucked up driving like an asshole

Larry
05-03-2009, 01:59 PM
Yes I believe its safe to say, If you were driving all messed up and they had grounds to test you, and you came up hot for drugs you would be charged with Driving Under the Influence (probably a pretty hefty fine)

Now if you got into an accident with another driver while under the influence of meds.... SHIT I dont even want to think about that.


How you doing lilred... Long Time No Talk... Hope all is well with you Hun!


Larry

Somanax
05-03-2009, 02:02 PM
yes you can

look at the bottle

it state's do not operate heavy equipment

or automobile's trust me I just got a dwi for this

they drew blood and I posted bond

I have a very good atty but the cost and the loss

of driving privilege's for a year minimum possible jail time :(:(

lilred0005
05-03-2009, 02:26 PM
Yes I believe its safe to say, If you were driving all messed up and they had grounds to test you, and you came up hot for drugs you would be charged with Driving Under the Influence (probably a pretty hefty fine)

Now if you got into an accident with another driver while under the influence of meds.... SHIT I dont even want to think about that.


How you doing lilred... Long Time No Talk... Hope all is well with you Hun!


Larry

Hi Larry, how ya doing hon! I hope your having a good, pain-free day. I don't drive messed up anymore(we don't want to talk about the past) & I look super innocent(tee-hee) but you really never know when the joke's gonna be on you. I've always feared finding out that God-forbid, I got into an accident that I could be held accountable. This is major. What if a kid on a bike jumps into traffic, you don't stop quick enough, kid gets hurt, they draw your blood & find(Drum-roll please) OXYCODONE or HYDROMORPHONE or (save best for last) METHADONE?! Your life wouldn't be worth shit plus you'd feel horrible about what happened. I feel little to no buzz & never drive when I'm feeling it but what if I am still impared even though I don't feel it?

EleusisII
05-03-2009, 02:26 PM
Quick answer: Yes!

Long answer: Depends on how good a lawyer you can afford!

taj
05-03-2009, 02:27 PM
I have an 'M' on my license, which means I take medications that may make me look fucked up, but my doctor filled out a letter and sent it to the DMV saying I was ok to be driving. It makes me feel a lot better, considering I have already had a DUI

If you are worried about it, I would call the DMV to find out about having your Doc sending a letter to them saying that even though you take some medications, you are still ok to be behind the wheel. This came about because when I filled out my info for my renewal they asked if I was on any new medications or had any new conditions and my community support worker said to put yes. Then I got a letter from the DMV with a form that they said my Doc had to fill out. I guess it's sort of having a thing on your license saying you need glasses to drive.

In my state you can get a DUI for driving under the influence of either drugs or alcohol, though I'm not sure how they come to the conclusion that you are under the influence of drugs, a blood test maybe?

lilred0005
05-03-2009, 02:37 PM
yes you can

look at the bottle

it state's do not operate heavy equipment

or automobile's trust me I just got a dwi for this

they drew blood and I posted bond

I have a very good atty but the cost and the loss

of driving privilege's for a year minimum possible jail time :(:(

Wow, I just saw this! Were you messed up or just on your regular meds & didn't feel messed up? This is very scary to those of us who have cp & take pain meds regularly. We take these drugs all the time so they're in our blood 24/7. I don't even get much of a buzz after taking some type of pain med for 5+ yrs but that may not matter. Damn! I had a bad feeling about this. What are ppl supposed to do if they are on these meds for chronic conditions? Never drive? My old Dr. would always ask me if I felt fine to drive. He said that ppl who are on long-term pain meds become immune & should have no problems driving. If this is so illegal, why aren't ppl on long-term opiate therapy warned against driving? I am seriously freaked out now.

xannyman
05-03-2009, 03:15 PM
Definately YES, where I live. It is called a DUID (driving under the influence of drugs). I was really fucked up on oxy's and xanax, and driving like an idiot and got pulled over. My eyes were red from pot and i could barely talk. They administered a breath test for alcohol and it came up 0.00, so they took a blood test (at the hospital) and it showed positive for opiates and benzo's. I got a good lawyer and because I have CP and am prescribed the meds the severity of the charge was reduced a bit. Still was a shit storm to go through with the court!

Paregoric Kid
05-03-2009, 03:52 PM
yes, but if your doctor says your ok to drive you have a good chance of getting out of it. just because you have pain killers in your system does not mean your driving is impaired. now if you were on pain killers AND your doctor said not to drive and you get charged DUI, you are fucked.

wizardofoz80
05-03-2009, 04:01 PM
It also has to do with where you live I think. Ive gotten in two accidents now with benzo/opiate mix (no one else was involved thank god) and I didnt get tested either time for alcohol even though I was obviously f'd up.

Bateman54199
05-03-2009, 04:26 PM
I got pulled over and was real messed up on oxycodone and xanax (which i am prescribed). I told the cop that I was on my prescription meds and they just upped my dose. I had my bottles on my and he said, "let's count these and see how many you actually took" when everything added up he got in my car and parked it for me right on the street and then gave me a ride home. I got lucky because he said that he could've given me a DUI even though everything added up.

Another time I got in an accident all messed up and I didn't have my bottles on me. I crashed into a "fixture" and no other cars were involved. I told the cop, "Im on prescription meds that I take for chronic pain." the cop was real cool and said, "get in the back of my car" and all I remember is the tow truck coming and the cop driving me home and walking me to my door literally holding me up. She said, "my brother was an addict, take this as a blessing and get some help." I have not driven messed up at all since.

I got lucky as hell twice. $16K worth of damage to my car too and had to wait 3 weeks to get it back. I do not and won't drive messed up. and the answer is YES you can get a DUI for your script meds. Now after the fact with a good lawyer and letter (possibly testimony) from your doctor, you might be able to get off the charges.

fassbinder
05-03-2009, 04:32 PM
Not only can you get a DUI, a good friend of mine got his pain meds taken away for a while. I worked in the legal system for a long time and I've seen people get DUI's for everything; pushing a car while being on a bunch of xanies, riding a lawnmower while intoxicated, even just being sleepy.

webay
05-03-2009, 06:24 PM
you can get a dui up here for drugs but i think they call it a dwi wen its for drugs...Getting my license back wednesday for a dui actually..about time its been a LONGGG year and cost me close to 5k

barbiegal
05-03-2009, 07:16 PM
I didn't read all the threads but here in SoCal? That's a big 10-4! I should know..argh. Back in Oct (the 13th-ha) I got into a slight fender bender. A cop came asked for all my stuff,ya know lisence,reg,ins and then said it was just an unfortunate accident and let me go. Not 1 minute later I rear-ended another car going over a green light,well that was enough for him to pullme over and do the whole roadside sobriety thing. I don't drinik,,I blew 0.0..but I had been sick all day,had a fever and had taken my Rxd dose of 1mg ativan about 30 minutes prior. Actually I was in early wd. To top things off?? I had put on 2 different sandals..god so embarrased. but yep..thry took me in. First time ever in cuffs (well,official police cuffs ya know;));)..Horrid,horrid exp. cost 5 grand to get an attorney and it's been 7 months now and all I get are delays...whats the legal term? Like,continuance?....so yep,they called it a DUI. BUT because it did not involve ETOH I did not get my licsense taken away. i guess their still witing on a pee tox report...which will only ahow ativan cuz I was in wds.....sorry so long winded.I can't believe I typed that ...it's something im really embarrassed about:o

Indy
05-03-2009, 08:13 PM
While i'm not saying the law reflects this...

http://www.associatedcontent.com/article/415532/morphine_safe_to_use_while_driving.html?cat=5

There's also a study out of Sweden I think that says the same thing.

Paregoric Kid
05-03-2009, 10:14 PM
DUI (Driving Under the Influence), DWI (Driving While Intoxicated/Impaired), OWI (Operating While Intoxicated/Impaired) are all the same thing. its just that some states use a different name for the offense. several states have a specific DUID (Driving Under the Influence of Drugs) law that applies to drivers under the influence of drugs besides alcohol. I think in most states they are able to charge both drugged and drunk driving under the DUI/DWI/OWI laws.
if your doctor said it was ok to drive on it then I would fight the charge because there is a good chance you might get off.

upstate_007
05-04-2009, 07:37 AM
It's just like alcohol. It's not illegal to drive after having a drink, it's illegal to drive while impaired. Like in NY that anything over .08 is bad news. One beer is not going to make you blow over that.

If they have reason to believe you are impaired, they take blood or urine. If you drop dirty, you're fucked.

Restharrow
05-04-2009, 08:58 AM
I have always wondered if you can be charged w/ a DUI/DWI for prescribed narcotics. I've always worried that if I get into an accident that I can be cited or even jailed. I'm too cop-phobic to ask "the authorities". I DONT drive fucked up but that may not matter. Does anybody know?
The NORML website has a state by state breakdown of driving while impaired by drugs section.

In my state, (if I read the law right) the state has to prove you were impaired and that you drove in an "impaired manner" (reckless, car wreck, etc.). My doctor said that USUALLY people are prosecuted only when they have a wreck that causes an injury to another person. (assuming you have a script for the meds).

My pain mgmt. contract says that Driving while medicated can result in criminal prosecution and civil liability.

I am pretty sure it varies from state to state and will become stricter as prescription opiate abuse has increased.

NV12
05-04-2009, 09:08 AM
Quick answer: Yes!

Long answer: Depends on how good a lawyer you can afford!

Yes you can.

And yeah, get a good lawyer.. we thought we had a good one, but lots and lots of money later... he fucked my husband good.

barbiegal
05-04-2009, 09:55 AM
That really sucks NV. We paid my guy 5grand and just keep getting dicked around. It was the fact that I hit another car that even made the cop suspicious,since I had only spoken to him 1 min prior to my accident. actually ,thewhole thing is really fucked up. My car was declared a total wash(got 6 grand for it) my insurance went up almost 300.00 month,3 points on my record and the saddest part is that I'm a volunteer mentor for Big Brothers Big Sisters. I have an adorable 7 year old "little sister" and I haven't been able to see her til this clears up. Shrs only 7,she doesnt underdstand. oh, btw-been driving 29 yeaes NO tickets or ACCIDENTS. Please be careful guys. I thought I was fin e to drive....
one day I'll tell you guys the horror of Orange County Womens Jail....horrors!!!!

Nonphixion
05-04-2009, 10:23 AM
Yes, you can Swim got OWI right now pending for bullshit, cant really get into it but, it is/was for suboxone, k-pins, and pot, still cant beleave it... SWIM got his blood draw, no alcohol, everything came back good, but dont really know how to read the THC results, wasnt high at the time and didnt smoke for at least 48-72hrs, fucken bullshit. I'm so fucken pissed. i cant even explain

HandMeSomeOpiates
05-05-2009, 01:47 AM
yes you can

look at the bottle

it state's do not operate heavy equipment

:(:(

Yeah but after that it says "UNTIL you know how this medicine affects you"

WarmCyanide
05-05-2009, 01:53 AM
you can get shafted for driving on OTC cough syrup

chinaski
05-05-2009, 01:56 AM
The point has kind of already been made, but not clearly. You most likely have to fail a field sobriety test before they start drawing blood and shit (unless they smell a ton of booze on you, or your eyes are totally crossing from 10mg of xanax).

So if you don't want a DUI while on scripted meds, as Shelley said, don't drive like a fucking asshole! If you can walk a straight line the cop will most likely not give a shit what pills you're on.