OVI and Prescription Drugs Lawyer in Carrollton
Your friendly Carrollton OVI lawyer from the Youngstown Criminal Law Group can confirm data from the Center for Disease Control: 44% of Americans are on at least one prescription medication. Many people aren’t aware that the side effects of these prescriptions can sometimes mimic intoxication caused by alcohol. If you’re stopped by the police under the suspicion of drunk driving, you could face serious legal trouble.
Prescription Drugs and Drunk-Like Side Effects
Certain side effects from prescription medications can appear similar to alcohol impairment. These effects include:
- Confusion or mental fog
- Slowed reflexes
- Drowsiness or sleepiness
- Dilated pupils
These symptoms can hinder your ability to drive safely. If a police officer in Carroll County suspects these behaviors stem from prescription drug use, they can legally arrest you for driving under the influence.
Officers on patrol aim to ensure safety by identifying impaired drivers, regardless of the cause. They won’t hesitate to arrest a driver they consider a risk, even if the impairment comes from legal prescription drugs.
Chemical Testing After Being Pulled Over
If you’re pulled over on suspicion of impaired driving, you may be asked to take a chemical test using your breath, urine, or blood. These tests are not always accurate and might indicate impairment even when you’ve followed your prescription properly.
While it is legal to decline chemical testing, doing so comes with consequences. Refusing can result in an Administrative License Suspension (ALS) by the Bureau of Motor Vehicles, leading to an automatic license suspension of up to one year. Each successive refusal increases the suspension, adding another year for every instance of non-compliance.
Prescription Medications That May Impair Driving
Prescription drugs are meant to treat medical conditions or alleviate symptoms, but some may lead to adverse effects like drowsiness, slurred speech, or slower reaction times. Below are examples of medications that can potentially impact driving:
- Methadone
- Demerol
- Klonopin
- Adderall
- Hydrocodone
- Xanax
- Ritalin
- Ambien
- Codeine
- Oxycodone and Oxycontin
- Ativan
- Vicodin
- Valium
- Morphine
- Norco
- Percocet
- Lunesta
- Lortab
- Lorcet
Every medication comes with an informational sheet from the pharmacy, which outlines potential side effects and advises against driving until you understand how the drug affects your system. It’s always wise to read these warnings carefully and comply with them.
Penalties for OVI with Prescription Drugs
If you’re charged with an OVI due to prescription drug use, the penalties are comparable to those for alcohol-related OVIs. Here’s what you might face:
- Jail time ranging from three days to six months
- Fines between $370 and $1,075
- License suspension for six months to three years, in addition to any ALS received at the time of arrest
- No eligibility for limited driving privileges for 15 to 30 days following the incident
Legal Defenses for Prescription Drug OVI
The Carrollton criminal lawyer team at Youngstown Criminal Law Group highlights that Ohio law provides defenses for OVI charges related to prescription drug use. Drivers have two legal defenses they can utilize:
- Lack of Evidence
If no chemical test was conducted, or if the arresting officer did not have you tested, there may not be sufficient evidence to convict you. This could lead to the dismissal of your case.
- Valid Prescription Defense
You cannot be convicted for an OVI linked to prescription drugs if the following two conditions are met:
- The medication was prescribed to you by a licensed healthcare provider authorized to issue prescriptions.
- You took the medication according to the instructions provided by the healthcare provider.
This legal safeguard recognizes the legitimate use of prescription medications as prescribed. Prosecutors face challenges proving impairment when you’ve followed your physician’s directions.
We’re Here to Help
At Youngstown Criminal Law Group, we understand how routine medications can inadvertently lead to legal complications. If you’re facing OVI charges in Carroll County or surrounding areas, don’t hesitate to reach out to our team for guidance and representation.
Call Youngstown Criminal Law Group today at (330) 992-3036 to schedule a consultation. Your trusted Carrollton OVI lawyer can help protect your rights and guide you through the legal process.