Legal Question in DUI Law in Colorado

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?


Asked on 6/13/07, 2:56 pm

2 Answers from Attorneys

Philip Rosmarin Rosmarin Law Firm

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.

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Answered on 6/13/07, 7:09 pm
Clifton Hypsher Hypsher & Assoc., LLC

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.

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Answered on 6/13/07, 8:24 pm


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