BUT MY DOCTOR PRESCRIBED IT!

I have written several times on DUIs Driving Under the Influence. Still every time I go to court there are people there who do not understand how they ever got charged to begin with. Most DUIs come about because of the use of alcohol or illegal drugs. However the use of legal drugs -- prescriptions or over the counter medicine -- can can also lead to impaired driving and possibly arrest.

I have represented many people who were charged for DUI because of over the counter medication. NyQuil can get you arrested.  Doctors often prescribe medication that interferes with the ability to drive or to stay awake.  We all know, both legal and illegal drugs can lead to addiction and impairment.

Here are some common medication types that could impair your driving.
     Antidepressants — not all antidepressants are problematic, but the ones that cause sedation, may interfere with your ability to safely drive a car.
2)      Pain medications — especially those that contain opioids or opioid-like substances like codeine, oxycodone, vicodin, morphine, tramadol, (ultram®) are a problem for driving.
3)      Tranquilizers — anti-anxiety drugs, especially those that belong to a class of medications called benzodiazepines—diazepam (Valium®), alprazolam ( Xanax®), impair driving.
4)      Diet pills — the ones that have stimulants in them can be very problematic; they can make you feel jittery, and you can become too impulsive and make bad decisions on the road.
5)      Antiseizure drugs — phenobarbital, lorazepam (Ativan®), clobazam (Onfi®), clonazepam ( Klonopin®) and others like them may cause sedation and slow your reflexes.
6)       Anti-allergy medications — especially ones that contain certain antihistamines like diphenhydramine (Benadryl®) or certain decongestants could cause sleepiness.
7)      Sleep medications  — diphenhydramine (Benadryl), ambien (Zolpidem®), lunesta- (ezopiclone®) that help you fall asleep will affect your driving.

The elements of a DUI offense are:
The person drove a vehicle -- that is, steered and controlled it while it was moving.
At the same time, the person was under the influence or intoxicated; that is, his or her ability to drive safely was affected to an appreciable degree by either an alcoholic beverage, a drug, or a combination of the two.

The National Highway Traffic Safety Administration has become concerned about the impacts of drug use on driving. In a July 2009 report, the NHTSA found that while drunk driving has decreased markedly in recent years, approximately 16% of nighttime drivers have some sort of potentially impairing drug in their system. This same 2009 study showed that one-fifth of those killed in car crashes in 2009 tested positive for some form of medication or drug not counting alcohol. The Centers for Disease Control report that 18 percent of motor vehicle deaths are related to drugs.

A 2010 survey by the Substance Abuse and Mental Health Science Administration found that almost 10 million Americans drove while under the influence of some type of medication.

Do not drive while on any medication.  However, if you do and you are stopped while driving do not volunteer information about your health.