Youngstown OVI and Prescription Drugs Lawyer

According to a report by the Centers for Disease Control and Prevention (CDC), nearly 44% of Americans use at least one prescription medication. What many individuals fail to realize is that the side effects of these prescribed drugs can closely mimic the signs of alcohol intoxication. If a law enforcement officer pulls you over suspecting you are drunk, you could face significant legal challenges, even if you haven’t had a drop of alcohol.

Certain side effects of prescription medications—such as confusion, foggy thinking, delayed reflexes, drowsiness, and dilated pupils—can impair your ability to operate a motor vehicle safely. A police officer who stops you may arrest you if they believe your driving behavior is impaired, regardless of whether that impairment is caused by alcohol or a legally prescribed drug.

Police officers in Mahoning County are constantly on the lookout for impaired drivers to keep the community safe. They will arrest drivers who show signs of impairment, irrespective of the underlying cause.

Chemical Testing and Implied Consent

If you are stopped on suspicion of impaired driving, you may be asked to submit to chemical testing of your breath, urine, or blood. It is important to note that these tests are not infallible and can sometimes indicate impairment when none exists.

While you have the right to refuse these tests, it is generally not recommended. Refusal triggers an automatic administrative license suspension (ALS) by the Bureau of Motor Vehicles for up to one year. Subsequent refusals can result in longer suspension periods, typically adding a year for each instance. If you are facing these circumstances, consulting a Youngstown criminal lawyer can help clarify your options.

Common Prescription Drugs That Affect Driving

Prescription medications are authorized by doctors to treat specific medical conditions or alleviate debilitating symptoms. However, some of these drugs can cause drowsiness, slurred speech, and slow reflexes. Below is a list of common medications that may impact driving ability:

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

Pharmacies provide paperwork with these medications listing potential side effects and warning against driving until you understand how the drug affects your body. It is crucial to read these information sheets and follow the warnings carefully.

Penalties for Prescription Drug OVI

An OVI charge resulting from prescription drug use carries the same penalties as an OVI for alcohol. Consequences can include jail time ranging from three days to six months, fines between $370 and $1,075, and a license suspension of six months to three years. This suspension is in addition to any ALS imposed at the time of arrest. Furthermore, offenders are ineligible for limited driving privileges for 15 to 30 days following the offense. A Youngstown DUI attorney can provide crucial guidance in navigating these severe penalties.

Defenses Against Prescription Drug OVI Charges

Fortunately for drivers in Ohio, state law provides specific avenues to defend against OVI charges related to prescription drugs.

Lack of Evidence

One potential defense is a lack of evidence. If no chemical test results exist—either because the officer did not request one or because you refused—there may be insufficient evidence to secure a conviction, leading a judge to potentially dismiss the case.

The “Valid Prescription” Defense

Another significant defense involves proving that you cannot be charged with OVI if two conditions are met:

1. The drug was prescribed by a licensed health care provider authorized to prescribe medication.
2. You administered the drug (via injection, inhalation, or ingestion) exactly as instructed by the provider.

It is difficult for a prosecutor to argue that a valid prescription taken as directed constitutes criminal impairment. An experienced Youngstown criminal lawyer can effectively argue these points in court.

Contact Us

The Youngstown Criminal Law Group understands how essential medications can inadvertently lead to legal trouble. If you are facing charges, do not hesitate to reach out for assistance. Call us today at 412.387.6901 to speak with a knowledgeable Youngstown DUI attorney.