Everyone, it seems, is taking a prescribed pill for something. Some of these pills are more dangerous than others. Blood pressure pills won’t be much of a problem.  What about Percocet or Xanax?  How about Prozac or common ADHD medicines? These can cause some problems. Occasionally, prescription pills can make appear like you have been drinking.  All of these drugs have solid street value.  Do you follow the proper indications of the script everyday? Do you have a couple of drinks with these, on occasion?  Do you drive after you take some of these pills? Do people that take depression meds stop drinking like they should, according to the direction? A majority of people do not.

What if you get pulled over?  You may be slurring a bit due to the prescriptions you are taking. You find yourself stopped for the run-of-the-mill drunk driving offense.  Then, for whatever reasons, the cops take a urine or blood sample.  Of course the few drinks you consumed show up. On the score sheet the amphetamine or the opiate or whatever other drug you have consumed shows up.   Next thing you know, you are dealing with a DUI/OVI charge. 

This can really complicate the scenario.  It’s one thing to defend an alcohol case.  It’s another matter when drugs are part of the story.  It turns out that it’s also a crime to drive with an illicit drug in your system, or as the law says, a “drug of abuse.”

Wait.  You have a prescription for that.  That will help, but not always.

First is the situation where a person only has the prescribed drug in their system.  This can be a manageable problem.  The OVI law in Ohio, allows for this. It’s in there, though buried deep in the back of the multi-page statute. There is a section that gives us some absolution for our prescribed drugs.  But, there’s an exception for those with a script who are taking the drug in the proper prescribed manner.

The highlighted portion—properly prescribed manner—brings us to the second situation, which is a little more complicated.  How many drugs actually permit us to drink while taking them?  And even so, how many remain in our system well beyond their effectiveness?  So consider this.  We took a drug yesterday and a day later, when the pain meds have worn off, we go “self-medicate” with a few beers.  Now both booze and drugs are in our system at the same time.  The cops don’t care.  The test shows both, and you are getting charged with a crime, even if the alcohol levels are below the legal limit.  The trick here is that we have to take the drug in the prescribed manner.  And most don’t let us drink.

Now we are in defensive mode.  We have to somehow convince the courts that you weren’t drinking and taking the drug at the same time.  This is tricky business.  It’s hard to prove, but can be done.

Worse yet is the situation where the person doesn’t have a script at all.  Lots of folks these days go to the clinic every day to get their methadone.  It’s great that they are off the heroin, but methadone is still a scheduled drug.  And many people don’t even bother with the clinic.  They just buy it on the street right in front of the clinic from others who have the clinic script.  Now the people without the script won’t have heroin in their system, but the methadone will still trigger the OVI (with or without alcohol).

THE BOTTOM LINE: A script may not always help. A little alcohol will complicate matters even more.  So, next time read the fine print on the paper that comes with the pill bottle, or hear out the pharmacist.  But, if you find yourself pulled over, remember, don’t answer any questions or take any tests.  Call me.  I can be reached always.  513-260-2099

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