The frequency with which drivers are arrested for DUI related to drugs as opposed to alcohol has increased substantially in recent years.  One study suggests that the drug related DUI fatalities that may result in vehicular manslaughter charges have increased by over fifty percent in relation to DUI alcohol related fatalities over the last decade.  A recent study revealed that DUI arrests involving drugs had risen from 15 percent of all DUI arrests in 2003 to 23 percent in 2010.  Much of the increase is related to so-called “designer drugs”.  One of the most common forms of this type of substance is bath salts.  Many of these substances are currently legal to possess and use, but the Pennsylvania legislature just passed a law prohibiting synthetic drugs like bath salts, synthetic pot and herb salvia.

If the governor signs the law into effect, the possession of these substances will become illegal, as they will be classified as Schedule I Narcotics.  Currently, there is absolutely no law that prohibits possession of these substances.   Because the substances are not illegal to possess or use, some drivers misjudge the impact of these synthetic drugs on driving ability.  A fair number of Pennsylvania drivers are unaware that they can be arrested for DUI after taking completely legal substances including but not limited to the following:

• Medications prescribed by a doctor such as tranquilizers, anti-depressants, pain medication, anti-anxiety drugs and other prescription narcotics.
• Over-the-counter medications like sleeping pills, cold medicine, medications containing alcohol and other drugs that make a driver drowsy or otherwise impact driving abilities such as perception, vision, coordination, reaction time, spatial judgment and the like.

The number of people that are arrested for driving while taking legally prescribed or legal over-the-counter medications is much higher than most realize.  Our office often receives calls from those that have been arrested and did nothing more than follow a doctor’s prescription or take over-the-counter medicine for a severe cold or flu.

Unfortunately, Pittsburgh prosecutors may pursue such a case even though the driver had no idea that his or her driving ability was impaired.  While prescriptions often come with labeling that warn that one should not operate a motor vehicle while taking the medication, some driver do not read the labeling or are not instructed appropriately by the pharmacist.  The labeling on over-the-counter medications is so complicated that few consumers actually read such warnings.  Over-the-counter drugs are also problematic because the labeling may not properly address interactions with other drugs that a consumer is taking which may impair driving ability.

Fortunately, these cases are difficult to prosecute because the prosecutor must establish actual impaired driving ability.  This often involves using expert testimony that may be neutralized by a defense expert and may increase the cost to the prosecutor of pursuing a criminal conviction in an Allegheny County court.

Experienced Pittsburgh DUI lawyer Michael V. Worgul represents those accused of DUI involving drugs including illegal narcotics, prescription drugs and over-the-counter medicines.  If you have been arrested in Pittsburgh or anywhere in Allegheny County, we are prepared to advise you of your rights and help you formulate the most effective DUI defense strategy so call us today at 412-475-9217.