DUI on pain medicine
I was on medication for back pain and
was arrested for DUI. Can I be accused
of this when I have a prescription?
2 Answers from Attorneys
Re: DUI on pain medicine
Assuming your prescription wasn't for Jameson, and that the officer didn't cite you for same, but rather because he or she felt the influence of your prescription drug negatively affected your driving, yes, you can still be accused of DUI.
If you had no alcohol in your system, and were solely affected by the drug, and you used the drug as prescribed, it is a defense of involuntary intoxication to DUI if your doctor did not warn you not to drive while under its influence.
Re: DUI on pain medicine
Yes Colorado law specifies alcohol and/or drugs with no exception for prescription drugs. I did a trial where the DA attempted to convict my client of driving while under the influence of prescription allergy pills! The jury of course didn't buy it.