What Is DUI in West Virginia?
DUI, or driving under the influence, is a criminal offense in which a person operates a vehicle while impaired by alcohol, drugs, or any other substance that affects their ability to drive safely. While most people associate DUI with alcohol, prescription drugs can also play a major role in these charges. In West Virginia, DUI laws are clear in stating that it is illegal to drive while impaired by substances, whether they are legal or illegal. Prescription Drugs and DUI Charges in West Virginia
When most people think about DUI, they often assume it only applies to alcohol or illicit drugs. However, prescription medications can also impair a person’s ability to drive and lead to a DUI charge. Some prescription drugs, like painkillers, anti-anxiety medications, and even certain cold medicines, can affect a person’s judgment, reaction times, and motor skills, making it unsafe to drive. If you take prescription medication that causes any form of impairment, you could be at risk of being charged with DUI in West Virginia.
Harley Wagner
Defending West Virginia Residents for over 24 Years
How Do Police Determine Impairment from Prescription Drugs?
Law enforcement officers are trained to spot signs of impairment while driving. During a traffic stop, they may ask you to perform a series of field sobriety tests. These tests are designed to assess your coordination, balance, and ability to follow directions. If the officer believes you are impaired, they may arrest you on suspicion of DUI. Once arrested, you may be asked to submit to a chemical test, such as a blood, breath, or urine test, to determine the presence of substances in your system. While alcohol is easy to detect through these tests, prescription drugs can be harder to identify, as they often do not show up in standard breathalyzer tests. Blood tests and urine tests are typically used to detect drugs in the system, including prescription medications.
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
What Types of Prescription Drugs Could Lead to a DUI Charge?
There are many prescription drugs that could lead to DUI charges if they impair your ability to drive. Some of the most common types of prescription drugs that can affect your driving include painkillers like opioids such as oxycodone, hydrocodone, and morphine. These drugs can significantly impair coordination and reaction times. Opioids are often prescribed for moderate to severe pain and can cause drowsiness or dizziness. Anti-anxiety medications like benzodiazepines such as Xanax, Valium, and Ativan are also commonly prescribed for anxiety and panic disorders. These medications can cause drowsiness and slow reaction times, which can make driving dangerous. Sleep aids, such as Ambien or Lunesta, are designed to help people fall asleep but can cause drowsiness and lack of focus the next day, making it unsafe to drive. Some antidepressants, especially those that affect the central nervous system, can cause drowsiness, dizziness, and slowed reaction times. Cold and allergy medications, whether over-the-counter or prescription, can also cause drowsiness or lightheadedness, which could impair your ability to drive.Can a Doctor’s Prescription Defend You Against DUI Charges?
One of the most common questions people ask when facing DUI charges for prescription drugs is whether having a doctor’s prescription can help their case. In some instances, a prescription for the drug may be considered as part of your defense. However, simply having a prescription does not automatically mean you are not guilty of DUI.Related Videos
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