Driving under the influence is something many people think only applies to alcohol or illegal drugs. But in West Virginia, the law also covers other substances, including those that come from a doctor. Prescription drugs can affect how a person thinks, reacts, and stays awake. These changes can make it dangerous to drive, even if the medicine is taken the right way. The police and courts in West Virginia take this very seriously. If a driver takes a drug that changes their ability to drive safely, they can be charged with DUI.
How Prescription Drugs Can Affect Your Driving
Medicines that help with pain, anxiety, sleep, or attention can make a person feel sleepy, confused, or slow to react. Some may even cause blurry vision or make it hard to focus. A driver using these drugs may not notice they are swerving, going too slow, or not stopping fast enough. These are all things that police look for when they suspect a driver might be under the influence. Even drugs that help someone feel calmer or more focused can hurt their ability to drive if the dose is too strong or mixed with something else.
What the Law Says About Drugged Driving
In West Virginia, it is illegal to drive while under the influence of any drug that impairs your ability to operate a vehicle safely. This includes drugs that are legal with a prescription. The law does not say the drug must be illegal to lead to a DUI. What matters is whether the drug makes the driver unsafe. Police officers are trained to look for signs of drug use, and they may bring in a special officer who knows how to tell if someone is under the influence of drugs. If they believe a driver is impaired, they may ask for a blood or urine test to find out what is in the person’s system.
Prescription Drugs That Commonly Lead to DUI Charges
Some of the most common prescription drugs linked to DUI charges include painkillers like oxycodone, sleep aids like zolpidem, anxiety medications like diazepam, and stimulants like Adderall. These drugs are often given for real health reasons, but they can still make driving unsafe. For example, a painkiller may make a person feel dizzy or tired. A sleep aid can stay in a person’s body longer than expected and make them groggy the next morning. Even drugs that help with focus can cause problems if misused or taken in large amounts. The key issue is whether the drug affects how a person drives, not why they are taking it.
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What Happens If You Are Pulled Over
If a police officer pulls someone over and thinks they are under the influence, they may ask questions about what medications the person is taking. The officer may also ask the person to do field tests, like walking in a straight line or standing on one leg. These tests help the officer decide if the driver is too impaired to drive safely. If the officer thinks the driver is under the influence of a drug, they may arrest the person and take them for testing. These tests are used to check for the presence of prescription drugs and to help prove the person was impaired.
The Role of Drug Recognition Experts
In many DUI cases involving drugs, a special officer called a Drug Recognition Expert may be involved. This officer has extra training in how different drugs affect the body. They look at things like pupil size, body temperature, muscle tone, and how a person speaks and moves. These signs help them figure out what kind of drug may be causing the problem. Their opinion can be used in court to show that the driver was impaired. These officers do not need to see illegal drugs to make a case. They are looking for any drug that makes driving unsafe, even legal ones.
Can You Still Be Charged If the Drug Was Prescribed?
Yes. Even if a doctor gave someone a prescription, that person can still face DUI charges if the drug makes them unsafe to drive. Having a prescription is not a defense if the medicine causes impairment. The law in West Virginia focuses on whether the person was safe behind the wheel, not whether the drug was legal. This is very important to understand. Taking a medicine the right way does not always mean it is safe to drive. Everyone reacts to drugs in different ways, and even small doses can have a big impact on some people.
Harley and Heather gave me peace of mind as they walked me through the process of my DUI. Heather was so quick to answer even the smallest and probably irrelevant questions I had. I was extremely nervous to walk in the courtroom, but Harley made sure I was in and out of there in no time with the best deal I could think of. My DUI charge was reduced to a speeding ticket and some online DUI classes. Would absolutely recommend Harley and Heather if you’re ever in need of a lawyer.” - Antea Jarazi The Wagner Law Firm was amazing from beginning to end dealing with my case. This was my first time ever dealing with anything like this and they helped me tremendously and answered all my questions super fast. We got the best outcome possible for my case and I will be recommending Harley and Heather to anyone that’s ever in my situation." - Savanna Cummings Harley and Heather do not stop and are excellent at always keeping their clients up to date on the status of their case and never left wondering. They do all the work and are very well connected throughout the state. I will forever be grateful to both Harley and Heather for what they did for me,,,, they aren’t just another law firm, they are great people who truly care. Thank you." - Clint Anderson
How Courts Decide These Cases
When someone is charged with DUI for using a prescription drug, the court will look at many things. They will check how the driver was acting, what the police saw, and what the drug tests showed. They will also look at how the drug is known to affect people. If the drug is known to cause drowsiness, and the driver was weaving on the road, that may be enough to support the charge. The court will also listen to what the driver says about how they felt and whether they knew the medicine might affect their driving. All these details help the court decide if the driver was impaired.
What to Do If You Face This Charge
Facing a DUI charge because of a prescription drug can feel confusing and unfair. Many people believe they are doing the right thing by following their doctor’s instructions. But the law still requires people to make sure they can drive safely. If you are facing this kind of charge, it is important to understand your rights. You may need to show that you were not impaired, or that the drug did not affect your driving in the way the police say. This can involve bringing in medical records, asking questions about how the testing was done, and reviewing the police report carefully.
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Defending Yourself Against a DUI from Prescription Drugs
There are many ways to defend against a DUI charge related to prescription drugs. A good defense may show that the drug was not impairing the driver, or that the field tests were not done the right way. It may also look at whether the officer had a good reason to stop the car in the first place. In some cases, the blood or urine tests may be wrong or not handled properly. A strong defense will look at every part of the case and ask the right questions. Just because a person was taking a medicine does not mean they were a danger on the road.
How to Stay Safe and Avoid Trouble
To stay out of trouble, it is important to read the labels on prescription bottles. If it says not to drive or to be careful, take that warning seriously. Ask your doctor or pharmacist if you are not sure how the drug may affect you. If you feel sleepy, confused, or dizzy, do not drive. It is always better to be safe than to take a risk. Remember that mixing drugs, even legal ones, can make the effects stronger. If you are taking more than one medicine, ask if that could make driving harder. Planning ahead can help you stay safe and avoid a DUI charge.
What This Means for You and Your Loved Ones
This kind of DUI charge can affect more than just your license. It can bring fines, court costs, and even jail time. It can also cause problems with work, family, and your future. Understanding how prescription drugs can lead to DUI charges in West Virginia is the first step in protecting yourself. Knowing the risks and being smart about your medicine can keep you and others safe. Many people do not realize how serious this issue is until it happens to them. But once you know the law, you can make better choices and avoid mistakes.
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Call to Learn More or Get Help
If you or someone you care about is facing a DUI charge due to prescription drugs, you do not have to deal with it alone. Talking to a legal team that knows how these cases work can make a big difference. The right team can help protect your rights and guide you through the court process. Every case is different, and it is important to get advice that fits your situation. The Wagner Law Firm is here to help people in West Virginia who are facing DUI charges. If you need help, call today and get the support you deserve.