DWI on Prescription Medicine?

December 08, 2010

A recent news story in the highlights concerns over the increase in DWIs caused by prescription medicine. The Drug Enforcement Agency (DEA) statistics speak for themselves. From 1997 and 2007, according to a University of Michigan study, treatment admissions for prescription painkillers increased more than 400 percent.

The DEA reported that between 2004 and 2008, the visits to hospital emergency departments involving the non-medical use of narcotic painkillers increased 111 percent.

Police interviewed seemed to think it wasn't just the average user of prescription medicine, but those who were abusing the drugs. One said "Some think pills are easier; they are easier to hide and conceal they've been taken. That's like saying instead of shooting heroin, I only took 16 Vicodin." Simply because the drugs are prescription, that doesn't mean they are "safer" if one is abusing them.

Police Assessment using a Drug Recognition Expert

When a motorist is stopped, the police employ multi-step process to determine if they are intoxicated. The officer making the stop tests the driver with an Alcotest that determines if the suspect is under the influence of alcohol. If not drunk, the police then request a Drug Recognition Expert (DRE). The DRE determines whether it is drug usage or a severe medical condition that is making the suspect appear to be impaired.

The DRE uses a battery of tests, including field sobriety tests, interviews with the arresting officer, checking of pupil sizes, looking for balance issues, evaluating their speech, and examining how their eyes react.

DWI Attorneys Response to Prescription DWI Charges

An attorney in the story noted he had seen an increase in drivers being charged with driving while impaired due to prescription medication. However, the devil is in the details, and he noted that part of the difficulty with the charge was the subjective nature of the assessment.

The Drug Recognition Expert (DRE), while sounding scientific, is merely a police officer with some additional training to enable them to recognize certain manifestations of drug use, but they are hardly foolproof.

As one attorney puts it, "It's someone giving subjective testimony cloaked in the mantle of scientific objectivity. It's a subjective evaluation."

So, while having some credibility, the presence of the DRE hardly guarantees a conviction. There are very few DREs, and they may not be available for an officer making a stop. The urine test that would be taken if one is arrested on this charge, is less incriminating than a breath test. The urine test only indicates a presence of a drug, not when it was taken, and some prescription drugs stay in the body for weeks after they were last used.

Article provided by Alan M. Liebowitz
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