OVI and Prescription Drugs Lawyer in St. Clairsville

According to a recent report published by the Centers for Disease Control, approximately 44% of Americans currently take at least one prescription drug. Many individuals are completely unaware that the side effects of their daily medications can closely mimic the signs of alcohol intoxication. Consequently, if a police officer pulls you over with the suspicion that you are driving drunk, you could suddenly find yourself facing serious legal trouble.

How Medication Side Effects Mimic Drunkenness

Certain side effects of prescription drugs that imitate being under the influence of alcohol include slow reflexes, extreme sleepiness or drowsiness, confusion, foggy thinking, and dilated pupils. Every one of these symptoms can negatively impact your overall ability to safely operate a motor vehicle on the roads of Ohio. If a police officer pulls you over and observes these behaviors, they hold the authority to arrest you if they believe your actions are the result of taking a prescription drug. In such stressful situations, securing guidance from a knowledgeable St. Clairsville OVI attorney can be crucial to protecting your rights and understanding your legal options.

Police Patrols and Impaired Driving Stops

Law enforcement officers in Belmont County are continuously looking for impaired drivers while on patrol, aiming to protect the citizens of their communities. They will not hesitate to arrest drivers who appear incapacitated, regardless of the underlying reason for their impairment. If you are stopped on suspicion of driving while impaired, law enforcement may ask you to submit to chemical testing of your blood, breath, or urine. However, it is a well-known fact that these tests are far from perfect and might falsely indicate that you are impaired. If you find yourself falsely accused after a traffic stop, reaching out to a trusted St. Clairsville criminal lawyer is highly recommended.

The Consequences of Refusing Chemical Testing

While you maintain the right to refuse to submit to a chemical test, doing so is generally never recommended by legal professionals. Refusing this test will automatically trigger a loss of your driver’s license for a period of up to one year. This immediate suspension is enforced by the Bureau of Motor Vehicles and is legally known as an Administrative License Suspension, or ALS. Furthermore, if you refuse the test more than once, the suspension period increases. Typically, an additional year of suspension is stacked onto your penalty for every subsequent refusal. Facing ALS can severely disrupt your daily life, making the assistance of an experienced St. Clairsville OVI attorney essential for navigating the complex legal process.

Common Prescription Drugs That Affect Driving

Prescription medications are specifically issued by a doctor to treat medical conditions or to manage severe symptoms that would otherwise debilitate a patient. Unfortunately, many of these medications induce extreme sleepiness, slurred speech, and noticeably slow reflexes. Below is a comprehensive list of some of these specific drugs:

• Methadone
• Demerol
• Klonopin
• Adderall
• Hydrocodone
• Xanax
• Ritalin
• Ambien
• Codeine
• Oxycodone
• Oxycontin
• Ativan
• Vicodin
• Valium
• Morphine
• Norco
• Percocet
• Lunesta
• Lortab
• Lorcet

When you pick up these drugs from the pharmacy, they include detailed paperwork outlining potential side effects, often warning patients to avoid driving until they understand how their body will react. Your safest option is to read these information sheets thoroughly and heed all provided warnings to avoid needing a St. Clairsville criminal lawyer to represent you in court.

Penalties for a Prescription Drug OVI

An OVI charge resulting from prescription drug use carries the exact same penalties as an OVI charge for drinking alcohol and driving. If convicted, you could be subjected to a mandatory jail sentence ranging anywhere from three days to six months. Furthermore, you will face a financial fine between $370 and $1,075. The court may also impose a suspended license lasting from six months up to three years. It is vital to note that this suspension is applied ON TOP OF any Administrative License Suspension (ALS) you already received during your arrest. Additionally, you will face a strict period of no eligibility for limited driving privileges for 15 to 30 days following the commission of the crime. Defending against these harsh, compounding penalties is exactly why many drivers turn to a reliable St. Clairsville OVI attorney.

Legal Defenses Under Ohio Law

Fortunately for drivers who take legitimate prescription medications, Ohio law provides specific legal avenues to beat OVI charges. One valid defense allowed by law is a fundamental lack of evidence. If there is no chemical test result available—either because the arresting officer failed to administer one or you refused to submit—there might not be enough substantial evidence to convict you, and the judge may completely dismiss your case.

Another powerful defense is proving that you cannot be legally charged with an OVI in relation to your prescription drug if the following two conditions are true:

• The medication you consumed was lawfully prescribed to you by a licensed health care provider possessing the legal authority to prescribe medications; and
• You consumed the drug—whether through ingestion, inhalation, or injection—in the precise manner instructed by that licensed health care provider.

It is incredibly difficult for a prosecutor to successfully argue that your medication caused you to be an unlawfully impaired driver when the substance in question was a valid prescription taken exactly as directed. The Youngstown Criminal Law Group thoroughly understands how your daily medications can unjustly lead to legal trouble. If you need a dedicated St. Clairsville criminal lawyer, contact us today at (330) 791-8104.