Most people associate driving under the influence (DUI) charges with alcohol and illegal drugs. However, Las Vegas drivers can also be arrested for DUI for operating a motor vehicle while on prescription medication. Some prescribed substances may have physical and cognitive effects, impairing your ability to drive safely.
Our Las Vegas DUI Lawyers share the details you need to know about Nevada DUIs, prescription medications, and what legal options are available to you.
Las Vegas DUI Laws and Prescription Medications
According to Nevada DUI law NRS 484C.110, it is unlawful for a person to inhale, ingest, apply, or use any chemical, poison, compound, or a combination of these substances to the extent that it renders them incapable of driving or being in actual physical control of a vehicle.
By this definition, DUI is not limited to the effects of intoxicating liquor, marijuana, or controlled substances. A prescription medication that impacts your driving can also lead to a DUI in Las Vegas.
RELATED: What To Do If You Are Pulled Over for a DUI in Las Vegas
What Medications Can Impair Your Ability to Drive Safely?
While every person is unique and may experience different side effects from the same medication, here are common prescription drugs that can increase the risk of impairment.
Opioid Pain Relievers
People who suffer from chronic or severe pain may be prescribed opioid painkillers, such as:
- Oxycodone
- Hydrocodone
- Codeine
- Morphine
Depending on the dosage and your personal tolerance for the medication, it is possible to experience sedation, dizziness, and confusion when taking opioids. This could affect a person’s ability to pay attention or react to road conditions.
Benzodiazepines and Other Sedatives
Benzodiazepines, or benzos, are often prescribed to treat anxiety and panic disorders, including social anxiety. This class of medication works by producing sedative effects and reducing the activity of the nervous system.
Some studies have found that benzodiazepines can cause significant impairment to driving performance, including compromised executive functions and reaction times. However, the data showed that people who had been taking benzodiazepines for a longer period of time did not have the same impairment.
Antihistamines
Antihistamines help people manage allergy symptoms, but they can also cause drowsiness, slower reaction times, blurred vision, and difficulty concentrating. If you have these reactions to allergy medication, it may be unsafe to operate a vehicle.
Antidepressants
Doctors prescribe antidepressants to treat several types of depressive disorders, including:
- Clinical depression
- Bipolar disorder
- Post-traumatic stress disorder
- Obsessive-compulsive disorder
- Generalized anxiety disorder
- Bulimia
Certain antidepressant and antipsychotic medications have side effects that can make it challenging to drive safely, including fatigue, drowsiness, and dizziness. Consult your doctor about the risks and whether you should avoid driving while taking this medication.
Sleep Aids and Insomnia Drugs
People who take medication to help with sleeplessness and insomnia should understand their effects before getting behind the wheel. Studies have found that sleep aids may have residual effects that can impair driving the morning after taking the medicine. Many people experience issues with motor performance, cognition, and memory.
Muscle Relaxers
Muscle pain and spasms are often treated with prescription muscle relaxers. These medications have a sedative effect on the central nervous system and disrupt pain signals. Muscle relaxers often cause drowsiness, impaired coordination, blurred vision, and slower reaction times, which can affect your ability to drive.
Adderall and Other Stimulants
Stimulants, like Adderall, are used to treat attention deficit hyperactivity disorder (ADHD). However, they can affect drivers when the dosage is too high or if the person is sensitive to the medication. Side effects can include:
- Feeling anxious or jittery
- Increased heart rate
- Dizziness
- Vision changes
- Fatigue as the medication wears off
How Can You Defend Against a DUI Charge Involving Prescription Medications?
If you are arrested for DUI after taking prescription medication, remember that you have rights and legal options. You can work with an experienced DUI attorney to challenge the charges and show that you were not impaired while driving. Common DUI defense strategies include:
Challenging Field Sobriety Test Accuracy
After being pulled over for DUI, law enforcement may ask you to submit to a series of field sobriety tests to determine if you are intoxicated. There are several issues with these tests, starting with the fact that they are designed to assess alcohol intoxication levels, not prescription medication.
Secondly, field sobriety tests are subjective and have low accuracy rates. Numerous factors can influence a test’s outcome, making it an unreliable method for proving driving impairment.
Lack of Probable Cause
Your attorney can also claim there was a lack of probable cause to pull you over. If there was no reasonable suspicion to stop for DUI, it could provide a strong defense in your case. A skilled attorney could get your DUI case reduced or dismissed by filing a motion to suppress evidence.
RELATED: Lack of Probable Cause Examples for a DUI Stop or Arrest
Expert Witness Testimony
Different types of expert witnesses, such as doctors, toxicologists, or behavioral scientists, can challenge the prosecution’s evidence by:
- Showing that scientific tests or procedures are flawed or inaccurate
- Offering alternative explanations for test results or driving behaviors
- Creating a reasonable doubt that the defendant was impaired
The prosecution must prove beyond a reasonable doubt that your prescription medication affected your ability to drive. Expert witness testimony could be enough to make jurors question the evidence against you.
Schedule a Free Consultation with Our Trusted Las Vegas DUI Attorneys
At DUI Lawyers of Las Vegas, our team leverages its knowledge of DUI laws and extensive experience with these types of cases to build strong defenses for our clients. We are a team of aggressive, competent, and dedicated professionals committed to ensuring your rights and future are protected.
If you were arrested for DUI for driving while on prescription medication in Las Vegas, contact our team today to schedule a free consultation with one of our attorneys. We will listen to your story, explore possible defenses, and discuss how we can help you get your life back on track.
