In Georgia, the laws against Driving while Under the Influence (DUI) of alcohol or drugs extend well beyond what we typically think of when imagining what one must be doing before being charged with DUI. These days, just about anyone can tell you it is illegal to drive with a blood alcohol concentration (BAC) of 0.08 or more. Furthermore, most people know that driving while under the influence of alcohol or illegal drugs will also result in a DUI conviction, even if one's BAC is less than 0.08. But what about a situation where one is legally taking a valid prescription drug? Can one get a DUI for simply following doctor's orders?

In a word, yes. There are situations where taking a prescription drug and then driving can result in a DUI conviction.

Georgia's DUI Laws

Georgia's DUI laws prohibit people from driving or being in actual physical control of any vehicle while they also meet any of the following circumstances.

• They are under the influence of alcohol to the extent that it is less safe for the person to drive.

• They are under the influence of any drug to the extent that it is less safe for the person to drive.

• They are under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive.

• They are under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive.

• The person's alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended.

• There is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.

Georgia's DUI Laws as They Relate to Prescription Drugs

One can get a DUI when taking prescription drugs under the following sections of Georgia's DUI law.

• They are under the influence of any drug to the extent that it is less safe for the person to drive, or

• They are under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive.

In other words, if a prescription drug impacts your ability to think, reason, respond quickly or otherwise impairs your conduct such that it is unsafe to drive, you could be charged with DUI after taking your prescribed medication and driving. Alternatively, if your prescribed medication, when combined with alcohol, makes you less safe as a driver, if you have a glass of wine, for example, and take your medication before driving, you could be charged with DUI.

If you are impacted by the prescription drug and you drive, the fact that you have a prescription is not a defense to the charge. In fact, the statute specifically says, “The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section.” You will be held accountable just as if you were under the influence of a controlled substance that you haven't been prescribed. However, as with many areas of the law, there is an exception to this rule.

When a Prescription Medication is a Defense

In reviewing the list of conduct that can result in a Georgia DUI, the last entry is for a situation where a driver has

any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person's blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person's breath or blood.

The controlled substances listed in Code Section 16-13-21 include (but are not limited to) opiates, stimulants, and depressants. While typically, the presence of a controlled substance in one's blood will result in DUI charges, it is a valid legal defense that a person has not committed a DUI if they have a valid legal prescription for the drug and they are not impaired to the extent they are incapable of driving safely. Contrast this with a situation where someone has the presence of cocaine in their blood. Even though they do not appear to be impaired, a person with cocaine in their system can be charged with DUI. A person who has a valid prescription for a painkiller and who does not appear to be impaired would not be charged with a DUI.

Consequences for a Prescription Drug DUI

The criminal consequences for a prescription drug DUI are the same as for any other type of DUI. When someone is convicted at trial, or when someone pleads guilty to a DUI based on prescription drug use, they face potential jail time, a fine, probation, a chemical use assessment, and educational programming.

Charged with Prescription Drug DUI?

If you are facing DUI charges based on prescription drug use, our Atlanta DUI attorneys can help. We are available to take your call 24 hours a day, seven days a week. Call us at 404.816.4440. We offer free consultations. Let us put our experience to work for you.