Yes, they can. Georgia Code Section 40-6-391 prohibits you from driving or being in actual physical control of a moving vehicle while under the influence of any drug. For prescription medication, this is often called a DUI Less Safe charge. The issue is whether the medication made you less safe or unable to drive safely.
Unlike alcohol or illegal controlled substances, which have ‘per se’ (automatic) legal limits in Georgia, prescription drug cases usually require the state to prove actual impairment. For most prescription-drug DUI cases, there is no simple number that automatically proves impairment. The state generally must show that the medication actually affected your ability to drive safely.
How prescription medication can affect driving
Prescription medication can affect your driving even when you take it as directed. Common medications that may affect driving include:
- Sleep aids that cause morning drowsiness or sleep-driving episodes
- Opioid pain relievers that slow reaction time or cause dizziness
- Anti-anxiety medications that produce sedative effects
- Muscle relaxants that affect coordination and alertness
Because these medications can mimic the signs of intoxication, an officer may mistake your legitimate side effects for criminal impairment during a traffic stop.
Why a valid prescription may not prevent a DUI Less Safe charge
An officer may look at your driving, speech, balance, eye movement, behavior and other signs of impairment during a traffic stop. If the officer believes your medication affected your ability to drive safely, you may be arrested for DUI.
A prescription-drug DUI case may also involve blood or urine testing. However, the presence of medication alone does not always tell the full story. The type of medication, dosage, timing, side effects and your condition during the stop may all become important.
What a prescription-drug DUI can mean
A prescription-based DUI can carry serious consequences. You may face jail time, fines, driver’s license suspension, probation, community service and required treatment or education programs.
Before driving, you must check warning labels, avoid mixing medication with alcohol or other drugs and avoid driving if you feel drowsy, dizzy or impaired. If you are arrested after taking prescribed medication, legal guidance can help you understand the charge, the evidence and your possible next steps.