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Lexington Law Blog

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Can You Get a Dui if You Used Drugs and Not Alcohol?

If you are impaired when you’re behind the wheel, then you can face a DUI charge. Driving under the influence is dangerous and puts other people’s lives at risk (as well as your own). Knowing this, many people decide not to drive after they’ve had a drink.

What is interesting is that most people don’t realize that you can get a drunk driving charge filed against you even if you haven’t had any alcohol at all. Drunk driving charges can be filed against those who have used drugs, too. Those drugs may be illicit or legal, yet either could result in charges.

How do drugs result in a DUI charge?

In cases where a person has been using prescription drugs as prescribed, it’s unlikely that they’ll face a DUI. However, if the drugs result in them having side effects that cause impairment, then they could. For example, if you take a sleep aid and don’t get enough rest, you may be drowsy when you get behind the wheel of your vehicle. Unfortunately, if you are stopped, using that drug and driving could be what spurs a drunk driving charge.

Over-the-counter drugs are treated the same way. If those drugs impact the way you drive negatively, then you should not be behind the wheel when they’re in your system.

Finally, illicit drugs should never be in your possession. If you’re caught, you’ll likely face possession, trafficking or distribution charges. You could also face a DUI for drugged driving if you have any of those drugs in your system at the time of the arrest. Blood tests, in particular, are used to determine if you have illegal drugs in your system if you appear impaired during a traffic stop. Usually, an office will need a warrant to have this test performed, but it is a risk you could face if you’re stopped.

Don’t forget that you have a right to defend yourself

If you have questions about a traffic stop or are now facing charges for drunk driving, it’s important to know your rights. You can defend yourself and work on having the penalties reduced or dropped completely.