Key Takeaways
- In Georgia, you can be charged with DUI even if you’re taking legally prescribed medication.
- Common prescriptions like sleep aids, painkillers, and anti-anxiety drugs can impair your ability to drive.
- A DUI charge involving medication is still a serious offense and can carry the same penalties as alcohol-related DUIs.
- If you’re charged, having an experienced DUI defense attorney is essential to protect your rights.
Introduction
Many Georgia drivers assume DUI charges only apply to alcohol or illegal drug use. But did you know you can be arrested for DUI even if you’re taking medication prescribed by your doctor?
Prescription drug DUIs are more common than people realize. From sleep medications to painkillers and anti-anxiety drugs, many legally obtained substances can impair your ability to operate a vehicle safely. In this blog, we explain Georgia’s laws on prescription DUI, what medications raise red flags, and how to protect yourself if you’re charged.
Georgia DUI Law and Prescription Drugs
Under Georgia law (O.C.G.A. § 40-6-391), you can be charged with DUI if you’re “under the influence of any drug to the extent that it is less safe for the person to drive.”
That means even if you’re taking medication exactly as prescribed, you could face DUI charges if it impairs your driving ability. Law enforcement doesn’t have to prove you were drunk—only that your driving was affected.
Medications That Commonly Lead to DUI Arrests
Several types of prescription and over-the-counter medications can impair driving. These include:
- Painkillers (e.g., oxycodone, hydrocodone)
- Sleep aids (e.g., Ambien, Lunesta)
- Anti-anxiety medications (e.g., Xanax, Valium)
- Antidepressants
- Muscle relaxers (e.g., Flexeril)
- Cough or cold medications containing codeine or alcohol
Even medications labeled as “non-drowsy” can affect concentration and reaction time.
Penalties for a Prescription Drug DUI in Georgia
Being convicted of DUI while on prescription meds carries the same penalties as any other DUI, including:
- Up to 12 months in jail (for a first offense)
- Fines up to $1,000
- Mandatory DUI education classes
- Driver’s license suspension
- Community service requirements
Repeat offenses result in even harsher penalties, including longer license suspensions and possible jail time.
How to Protect Yourself If You’re Taking Medication
- Read warning labels and follow instructions carefully.
- Avoid driving when starting a new medication until you know how it affects you.
- Keep documentation of your prescriptions in your vehicle.
- Consult your doctor or pharmacist about how your medication may impair driving.
- If stopped by police, politely exercise your right to remain silent and request a lawyer.
How Hines Law Can Help
If you’ve been arrested for DUI involving prescription drugs, don’t try to handle it alone. At Hines Law, we have experience defending clients in complex DUI cases involving legal medications.
We’ll examine your medical history, arrest procedures, and any violations of your rights to build a strong defense. We know how to challenge faulty field sobriety tests and weak evidence.
We offer bilingual support and serve clients across metro Atlanta.
Frequently Asked Questions (FAQs)
Q: Can I be charged with DUI if I have a valid prescription? A: Yes. If the medication impairs your ability to drive safely, you can still be charged.
Q: Will a prescription DUI stay on my record? A: Yes, a DUI conviction—regardless of the substance involved—can stay on your record and impact your future.
Q: Should I tell the officer I’m on medication if I’m pulled over? A: You are not legally required to disclose that information, and doing so could hurt your case. Always speak to an attorney first.
Get a Free DUI Case Review Today
Were you charged with DUI while taking a prescription medication? Contact Hines Law for a free consultation. We’ll review your case and explain your legal options.
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