Prescription Drug DWI/Vital Signs/Sobriety Tests

November 12, 2010

Prescription Drug DWI/Vital Signs/Sobriety Tests

When most people think of DWI, they think of alcohol related drunk driving. But DWI -- driving while impaired -- encompasses more than just alcohol by also referring to driving while impaired by prescription and illegal drugs.

Many prescription drugs, including painkillers, tranquilizers, allergy medicine and antidepressants can have adverse effects on people taking them, even when the medications are taken as prescribed.

In some cases, law enforcement personnel assume that because someone admits to taking a prescription drug before driving or while driving, that the driver can be considered impaired.

The reality is that a driver can pass a Breathalyzer test with flying colors, but fail a field sobriety test and be cited for DWI if they have the presence of a legal prescription drug in their system.

Prescription Medications That Can Affect Driving

Some of the prescription drugs that can alter mood, diminish vision or reflexes, and be cited as cause for a DWI include:
-Anti-anxiety medications such as Xanax
-Barbiturates such as Secobarbital, Seconal and Phenobarbital
-Allergy medicines such as antihistamines
-Pain medications such as OxyContin and Avinza
-Tranquilizers such as Valium
-Sleep medications such as Ambien
-Cough syrups containing codeine
-Stimulants/amphetamines such as Dexedrine and Adderall
-ADHD drugs such as Ritalin and Concerta

In North Carolina some police officers obtain certification as a Drug Recognition Expert (DRE). They are taught to measure your blood pressure, your pulse, your respiration rate and the size of your pupils. With these vital signs, the DRE matches your vitals to a matrix chart to formulate an opinion as to impairment. Normal blood pressure for one person may be abnormal for another. Certainly your pulse rate increases with the presence of blue lights. Your pupil size may be hard to detect if you have brown eyes and it is in darkness. You probably will breathe faster under the glare of flashing lights. Legitimate medical conditions can account for many of the DRE's findings.

Your medical information is personal. You do not have to share it with a police officer. You do not have to let a DRE take your vitals. You can refuse to answer questions and refuse to allow vitals to be taken without penalty. The only penalty is loss of license for not blowing on the Intoximeter downtown or for refusing to allow your blood to be drawn. You do not have to perform sobriety tests. There is no penalty for refusing to perform sobriety tests. The exercise of your rights in refusing vital sign checks, sobriety tests or answering questions is without penalty. While you may anger the officer by refusing such tests, and while he may still charge you with DWI, you are giving him no further evidence to make his case. DRE Police officers are not doctors, nurses or EMTs.

Even if you take prescription medications, there is a "therapeutic dosage"; that dosage which addresses your medical condition without causing impairment. With prescription drug DWI there is no quantification or threshold of a drug in your system unlike alcohol and its .08 threshold. The mere presence or trace of a drug in your system plus the officer's opinion as to impairment can be sufficient to convict you. The law makes no distinction between therapeutic and impairing dosage. Further side effects from these drugs such as drowsiness etc. are usually experienced when first taking a drug. A person on chronic pain medications is likely to show no impairing effects. This is a therapeutic dose.

Protection from DWI Charges

If you face a DWI because you had a prescription drug in your system while driving, contact an experienced North Carolina DWI defense lawyer. A DWI attorney will evaluate the facts of your case, analyze police procedure and help protect your rights and driving privileges.

Article provided by Ingram Law Office - Raleigh Personal Injury Attorney
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