You Can Get a DUI for Legal Medication
Most people think DUIs only involve alcohol or illegal drugs. That’s not true in Mississippi. You can be charged with DUI for driving while taking medication your doctor legally prescribed.
Painkillers, anxiety meds, sleep aids, etc. Even over-the-counter drugs like Benadryl. If a law enforcement officer believes those substances impaired your ability to drive safely, they can arrest you and charge you with what we often call DUI "Other."
Mississippi’s DUI Law and Prescriptions
Mississippi Code § 63-11-30 makes it illegal to drive “under the influence” of any substance that impairs your ability to operate a vehicle. It doesn’t matter if the drug was:
Prescribed by your doctor
Taken exactly as directed
Legal to possess
This is where many people are caught off guard. They assume, “I’m following my doctor’s orders. How could this be a crime?” But the law focuses on whether your driving was affected, not whether you had permission to take the medication.
Common Medications That Lead to Charges
Some of the most common prescriptions involved in DUI cases include:
Oxycodone, Hydrocodone (painkillers): They can cause drowsiness and slow reaction times.
Xanax, Valium (anti-anxiety): These may impair coordination and judgment.
Ambien (sleep aid): Have been linked to “sleep driving” incidents.
Diphenhydramine (Benadryl): It causes significant drowsiness for many people.
Worse, even low doses can be enough for an officer to believe you were impaired.
How Prosecutors Build These Cases
In a prescription DUI case, the state typically relies on:
Officer observations – Slurred speech, glassy eyes, slow movements.
Field sobriety tests (FSTs) – Balance, coordination, and cognitive tests conducted roadside.
Blood or urine tests – To detect the presence of drugs in your system.
Unlike alcohol DUIs, there’s no “legal limit” for prescription drugs. Prosecutors only need to prove your ability to drive was impaired.
Defending Against Prescription DUI Charges
Just because the police can arrest you and charge you with DUI, these cases are not automatic convictions. Remember, an arrest and a charge is just an allegation; you're still innocent until proven guilty in a court of law. A skilled defense lawyer can:
Challenge field sobriety tests if they were improperly conducted or influenced by medical conditions.
Question the officer’s observations as subjective or inconsistent.
Use expert testimony to show that the level of medication in your system wouldn’t have caused impairment.
Highlight other factors that may have affected your driving, like fatigue or road conditions.
Of course, every case is different, and the right strategy depends on the facts and circumstances of every individual case.
Why Your Choice of Trial Lawyer Matters
Prescription DUI cases can be highly technical. Prosecutors may bring in toxicologists or other experts. If your lawyer isn’t experienced with these cases, they may not spot critical issues or they may fail preserve errors for appeal.
And don't forget: the trial is where your best chance lies. That’s why hiring an experienced trial lawyer from the start is so important.
Call Us Today
A prescription DUI conviction carries real consequences: fines, jail time, license suspension, and a criminal record. Don’t leave your future to chance.
At Eichelberger Law Firm, we know how to challenge these cases and protect your rights. Call us at 601-202-9981 for a confidential consultation.