Did you know you can get charged with a crime for following your doctor’s orders? When people think about DWIs, they typically think of alcohol and street drugs. However, many commonly prescribed medications can be intoxicating on an individual basis, or when taken in excess doses or ingested in an unprescribed manner. This article covers the ins and outs of prescription drug DWIs.

Generally being under the influence of a controlled substance while in a car is illegal

Under Minnesota law, there are several ways the State could charge you with a DWI for taking prescription drugs. Generally speaking, it is a crime to drive “under the influence” of any controlled substance. This means the State must prove that because of the controlled substance the person does not possess the clearness of intellect and control that they otherwise would have.

If a police officer stops you and develops probable cause to believe you are under the influence of a prescribed or unprescribed medication, the officer can arrest you and obtain a search warrant for your blood or urine. Common controlled substances include Adderall, Vyvanse, Xanax, Valium, Klonopin, Methadone, and Ambien. All of these medications can cause impairment.

Minnesota’s zero-tolerance for certain medications

Another way prescription drugs can contribute to a DWI charge is through Minnesota’s zero-tolerance law for schedule I and II drugs. Driving with any amount of these drugs in your system is illegal—even if taken two days prior. However, some schedule II drugs, like opiates, amphetamines, and even cocaine can have valid medicinal uses. Amphetamines and opiates in particular are frequently prescribed for a variety of reasons.

The prescription-drug defense

While Minnesota does recognize a prescription-drug defense for valid prescriptions, the State is still allowed, in some cases, to argue that you were impaired anyways even if you did everything your doctor said. The State might argue, for example, that a certain prescription said you could not drink or smoke while taking it, and therefore you did not take it as prescribed. Even more concerning, the State could argue that your doctor overprescribed you and you were impaired anyways.

Another problem with the prescription-drug defense is that it is a defense. This means you have to prove it. Telling the officer you have a prescription or even showing him the papers or bottle, if it happens to be with you at the time, is not necessarily enough to stop you from being arrested. In fact, you are not required to answer any questions about your medications. Anything you say can be used against you later or as a justification to arrest you and start the charging process.

How a defense attorney can help

If you are facing DWI charges for taking your prescriptions, a skilled defense attorney can help. There are several ways your attorney might help you reduce the charges or beat your case completely, including:

1. There was no reason to pull you over at all.
2. The police had no legitimate reason to expand the stop by asking you about your medications.
3. The field sobriety tests are invalid tools for detecting impairment by non-alcoholic substances.
4. The officer is not sufficiently trained to detect impairment by prescriptions and/or did not apply his training correctly in your case.
5. You have a valid prescription and followed your doctor’s orders.
6. You were not actually impaired.

If you or someone you know has been accused of driving under the influence of a prescription drug in Minnesota, don’t wait to get the legal help you need. Contact McKinney Defense today by calling (612) 300-1208 or filling out our online form to schedule a FREE consultation. Let me fight for your rights and help you take the first step toward fair representation.

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If you or someone you know has been accused of driving under the influence of a prescription drug in Minnesota, don’t wait to get the legal help you need. Contact McKinney Defense today by calling (612) 300-1208 or filling out our online form to schedule a FREE consultation. Let me fight for your rights and help you take the first step toward fair representation.

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