Many drivers in Pennsylvania think that DUIs are only for alcohol or illegal substances, but impaired driving can include prescriptions. Prescription drugs can interfere with a driver’s ability to operate a motor vehicle. This could lead to the driver getting a charge for driving under the influence of drugs.
Overview of drug-impaired driving
Drivers impaired on legal prescription drugs may get a drunk driving charge with or without alcohol present. In almost all states, the legal blood alcohol level is 0.08 for alcohol, but prescriptions are based on impairment. Impairment DUI focuses on how the medication affects the driver, such as speech and coordination, rather than the amount in the body.
An officer may conduct field tests, such as the one-leg stand test, to check for further impairment. Drivers on new medication or increased doses often don’t know how it will affect their judgment or coordination. Many common OTC medicines, which include cold, allergy and flu medicine, can also increase the risk of driving impaired.
Penalties for drugged driving
Drugged driving charges are treated the same as DUI, and penalties are based on tiers one to three, the third being the highest. First-offense penalties for the third tier include a minimum of 72 hours in jail, a one-year license suspension, and a maximum $5,000 fine. A second offense commonly includes penalties of up to five years of jail, up to an 18-month license suspension, and a $1,500 to $10,000 fine.
A third offense commonly carries an 18-month license suspension, up to five years in jail, a minimum $2,500 fine, and 150 hours of community service. State laws require all offenders to take drug and alcohol screening before conviction, and they may be required to participate in victim impact panels.
Drugged driving is dangerous, and it also stays on stays on criminal records. However, a driver may fight the charges with some valid defenses.
