Many of the most effective medications are not available over the counter. People must see a physician to obtain a prescription. Even with a valid prescription and medication provided by a licensed pharmacy, people can still potentially break Michigan state statutes while undergoing treatment that involves prescription medication.
Professionals who need to get to work and parents taking care of their children in West Michigan might need to drive while taking medications. Are motorists at risk of prosecution for driving after taking prescribed medication?
Many medications affect driving capability
There are dozens of different drugs that can affect a motorist’s ability to drive safely. Pain relievers, muscle relaxants, anti-seizure medication, psychiatric drugs and even sleep aids are all medications that can impact the ability to drive safely.
In Michigan, prosecutors can bring operating while intoxicated (OWI) charges due to alcohol impairment or impaired abilities related to drugs. Those accused of driving while under the influence of a Schedule I prohibited substance are likely to face prosecution.
Many lower-schedule substances that doctors prescribe also affect driving capabilities and could justify OWI charges. People who admit to taking medications that have an association with diminished driving capability and those who test positive for certain medications are potentially at risk of OWI charges.
Unlike with alcohol, there is no per se chemical limit for prescription medications. Any detectable amount, especially when accompanied by poor driving, could trigger OWI charges.
Drivers accused of a drugged driving offense involving a legal prescription may need assistance responding to their pending charges. Reviewing medical records and other key documentation with a criminal defense attorney can help those accused of drugged driving understand and make use of their legal rights.