Many people are unaware that in Rhode Island and Massachusetts, properly prescribed medications can result in an arrest for DUI if the side effects of the drug render you unable to safely drive a motor vehicle. Obviously, there is no breathalyzer test for prescription medications, but Rhode Island General Law 31-27-2 holds that:
Proof of guilt under this section may also be based on evidence that the person charged was under the influence of intoxicating liquor, drugs, toluene, or any controlled substance defined in chapter 28 of title 21, or any combination of these, to a degree which rendered the person incapable of safely operating a vehicle. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section.
The last line above is clearly key – Legal use is not a defense! When prescribed medication, be sure to discuss the side effects with your doctor. Try not to drive your vehicle until you are sure how the drugs effect you. If you feel drowsy or dizzy while on the medication, it is best to avoid driving because it can result in an auto accident or arrest for DUI.
It is in your best interest to hire an experienced criminal defense attorney early to begin attacking the State’s case. With an aggressive attorney representing you we may be able to show that the drug did not effect you as severely as reported by the police. With the proper representation, a DUI case with no breathalyzer or other evidence of intoxication, may be thrown out.
If you have been arrested for DUI, whether related to alcohol or prescription medication, contact our office right away for a free consultation. We are very experienced in representing DUI cases and will begin to work on your case right away!