OVI and Prescription Drugs Lawyer in  Warren, Trumbull County, OH

Introduction

Your friendly Warren OVI lawyer wants you to be aware that, according to a report from the Center for Disease Control, 44% of Americans are on at least one prescription drug. Many individuals don’t realize that the side effects of their medications can mimic alcohol intoxication. If law enforcement stops you thinking you’re drunk, you could face significant legal trouble.

Side Effects of Prescription Drugs

Certain prescription drugs have side effects that can resemble drunkenness, including:

• Confusion or foggy thinking
• Slow reflexes
• Sleepiness or drowsiness
• Dilated pupils

These side effects can impair your ability to drive safely. A police officer who pulls you over may arrest you if they suspect your behavior is due to prescription drug use.

Law Enforcement’s Role

Police officers are always on the lookout for impaired drivers to ensure public safety. They won’t hesitate to arrest drivers they believe are impaired, regardless of the reason behind the impairment.

Chemical Testing

If you’re pulled over on suspicion of driving while impaired, you may be asked to undergo chemical testing of your breath, urine, or blood. These tests aren’t foolproof and might indicate impairment when none exists.

Refusing Chemical Testing

You can refuse chemical testing, but it’s not recommended. Refusal results in an automatic license suspension for up to a year, known as an Administrative License Suspension (ALS) by the Bureau of Motor Vehicles. Repeated refusals can extend the suspension, with an additional year added for each refusal.

Prescription Medications and Their Effects

Prescription medications are prescribed by doctors to treat medical conditions or alleviate debilitating symptoms. However, some of these drugs can cause drowsiness and other side effects, such as slurred speech and slow reflexes. Here are some examples:

• Methadone
• Demerol
• Klonopin
• Adderall
• Hydrocodone
• Xanax
• Ritalin
• Ambien
• Codeine
• Oxycodone
• Oxycontin
• Ativan
• Vicodin
• Valium
• Morphine
• Norco
• Percocet
• Lunesta
• Lortab
• Lorcet

These medications come with information sheets from the pharmacy that list side effects and advise against driving until you know how the drugs affect you. It’s crucial to read these sheets and follow their warnings.

Penalties for OVI

Receiving an OVI due to prescription drug use carries the same penalties as driving under the influence of alcohol, as per the Ohio Revised Code. Penalties include:

• Jail time ranging from three days to six months
• Fines between $370 to $1,075
• License suspension for six months to three years, in addition to any ALS received upon arrest
• No eligibility for limited driving privileges for 15 to 30 days after the offense

Conclusion

Understanding the risks and legal consequences of driving under the influence of prescription drugs is essential for your safety and legal protection. Always heed the warnings on your medication labels and consult with your doctor if you’re unsure about your ability to drive. If you find yourself facing legal issues due to prescription drug use, consulting an experienced  Warren OVI lawyer in Warren, Trumbull County, Oh can help you navigate the complexities of the law.

Defenses

The good news for drivers who take prescription drugs is that Ohio law, specifically the Ohio Revised Code, offers ways to challenge OVI (Operating a Vehicle Impaired) charges related to prescription medications.

Lack of Evidence

One of the primary defenses allowed by law is the lack of evidence. If there is no test result, the judge may dismiss the case due to insufficient evidence. This scenario might occur if the arresting officer did not administer a test or if you refused to take one.

Valid Prescription Defense

You cannot be charged with OVI in relation to your prescription drug if two conditions are met:

1. The medication was prescribed to you by a licensed healthcare provider whose license permits them to prescribe medications.
2. You took the medication exactly as instructed by the healthcare provider, whether via injection, inhalation, or ingestion.

It’s challenging for a prosecutor to argue that the medication caused you to become an impaired driver when it was taken as a valid prescription.

We’re Here to Help

At Youngstown Criminal Law Group, we understand how prescription medications can lead to complicated legal situations. Call us today at (330) 992-3036 for expert legal assistance.Feel free to reach out to us for any legal assistance or to discuss your case in detail. Stay safe and informed!