In the majority of cases, a DUI or DWI charge will be leveled at someone who is suspected of driving with alcohol or illegal drugs in their system. That being said, if an officer believes that a driver was impaired by legal drugs, then they can arrest that driver on suspicion of a DUI. This could be the case even if the driver had simply taken prescription drugs or over-the-counter medication, such as sedatives, antidepressants, and analgesics. In states where medical marijuana is legal, a driver could still land a DUI charge if marijuana is found in their system.

We can start with an example. Let's say that a mother took her prescription antidepressant medicine along with some allergy pills before going to bed. For both those medications, one of the side effects is tiredness. If she wakes up with a headache, she may take some pain medication, which may solve the headache but can add on to her drowsiness. And in spite of the warning label that says to not operate machinery or to drive after medicating, she may start up the car to go to work. Then maybe at a stop sign, she doesn't see the other car until she crashes right into it. When a police officer gets to the scene, the woman could sincerely say she is sorry, that this never happened to her before, that it's probably her medicine. Under many state laws, this would be an incriminating statement, indicating that she had driven under the influence.

Here is how that case would work. First of all, for there to be a DUI charge, the person is being charged with operating the vehicle. The second part of that charge is being intoxicated, that the driver is impaired by alcohol and/or drugs. Usually speaking, that means that even legal drugs can land someone a DUI conviction. There are even states where legal drugs are specifically named as an impairing drug that could bring on a DUI or DWI charge. For instance, in Massachusetts, an impaired driving statute includes "narcotic drugs" in the same line as "depressants or stimulant substances" (M.G.L.A. 90 § 24). A California statute explicitly says that if a driver is under the influence of a legal drug, the legality of that drug is not a DUI defense. It also says that any addict cannot drive; that prohibits someone from driving if they are addicted to painkillers as much as if they were addicted to cocaine.

That being said, while there is a legal limit for blood alcohol level (0.08 percent), there is no such concrete figure for legal drugs. If a legal drug was the only such substance in your system, then an officer is likely to report any behavior that indicates that you were impaired by this drug, such as weaving or ignoring signals as well as any failed field sobriety tests. If the medication is one that has already recognized side effects that would impair a driver, then this could be enough for a DUI conviction.

Now medical marijuana is a legal drug in more than a dozen states, but unfortunately, certain chemicals could stay in a patient's system for a long time after medication. Sometimes, any trace of marijuana in your system at all could lead to a DUI charge, even if no impairment was evident. How a medical marijuana DUI case will proceed will vary from state to state, so be certain to work with an experienced DUI attorney in your area as soon as possible.

Regardless of the type of DUI or DWI charge you face, it is imperative that you act swiftly to defend your reputation and your freedoms. Act now to find the skilled DUI lawyer you need and deserve!