OVI and Prescription Drugs Lawyer in Warren

Did you know that, according to a report from the Center for Disease Control, 44% of Americans take at least one prescription drug? What many people don’t realize is that the side effects of these medications can closely resemble the signs of alcohol intoxication. So if a police officer pulls you over believing you’re drunk, you could quickly find yourself facing serious legal trouble.

Several prescription drug side effects can mimic drunkenness, including confusion or foggy thinking, slow reflexes, drowsiness, and dilated pupils. Each of these can affect your ability to drive safely, and an officer who stops you may make an arrest if they believe your behavior is the result of taking a prescription medication. A knowledgeable Warren OVI attorney can help you understand exactly how these situations unfold.

Police officers are constantly on the lookout for impaired drivers as they patrol, working to keep their communities safe. They won’t hesitate to arrest anyone they suspect of impairment, regardless of the cause behind it.

If you’re pulled over on suspicion of impaired driving, you may be asked to undergo chemical testing of your breath, urine, or blood. Unfortunately, these tests aren’t flawless and can sometimes indicate impairment even when you’re completely sober.

While you do have the right to refuse chemical testing, doing so is never recommended. Refusal results in the automatic loss of your license for up to a year. This automatic penalty is carried out by the Bureau of Motor Vehicles and is known as an Administrative License Suspension, or ALS. Refusing more than once extends the suspension even further—generally, an additional year is added for each refusal. An experienced Warren criminal lawyer can explain how this process may affect your case.

Prescription medications are drugs given by a doctor to treat specific medical conditions or to relieve symptoms that would otherwise be debilitating for the patient. Some of these medications can cause sleepiness and other side effects, such as slurred speech and slowed reflexes. Below is a list of some of these drugs:

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

Each of these medications comes with paperwork from the pharmacy outlining the side effects and advising you to avoid driving until you understand how your body reacts to them. Your safest option is to read these information sheets carefully and follow the warnings. If you ignore them and get behind the wheel, a Warren OVI attorney may be the person you need to call.

Penalties

An OVI charge resulting from prescription drug use carries the same penalties as one received for drinking and driving. You could face a jail sentence ranging from three days to six months, a fine between $370 and $1,075, and a license suspension of six months to three years—on top of any ALS imposed at the time of your arrest. You’d also be ineligible for limited driving privileges for 15 to 30 days after the date your offense was committed. Speaking with a Warren criminal lawyer early on can make a significant difference in how these penalties play out.

Defenses

The good news for drivers who take prescription medications is that Ohio law provides clear ways to fight OVI charges related to them.

One defense permitted under the law is a lack of evidence. If there is no test result, there isn’t enough proof to convict you, and the judge may dismiss the case entirely. This can happen if the arresting officer never had you tested or if you refused to submit to testing in the first place. A skilled attorney will know how to identify these gaps in the prosecution’s case.

The second defense is that you cannot be charged with OVI in connection with your prescription drug if two conditions are met:

• The drug was prescribed to you by a licensed health care provider whose license permits them to prescribe medications; and
• You took the drug—whether by injection, inhalation, or ingestion—exactly as directed by that licensed health care provider’s instructions.

It’s difficult for a prosecutor to argue that your medication made you an impaired driver when the drug you took was a valid prescription used as intended. A dedicated Warren criminal lawyer can build a strong case around this defense.

Youngstown Criminal Law Group understands how the medications you take can unexpectedly lead to legal trouble. Contact us today at (330) 791-8104.