When most people think of DUI cases, they typically think of a person under the influence of alcohol. However, more and more Georgians are being charged with driving under the influence of prescription drugs.

A conviction for Prescription Drug DUI requires the State to prove that an individual was under the influence of a prescription medication to the extent that he or she was incapable of driving safely. This analysis relies almost exclusively on the officer’s observations and takes into account all of the facts and circumstances surrounding the arrest.

• These may include (but are not limited to):
• The accused person’s driving (weaving, failure to maintain lane, speeding, hit-and-run, failure to use safety equipment such as headlights);
• The accused person’s speech patterns and behavior, as observed by the arresting officer;
• The accused person’s performance on Standardized Field Sobriety Tests;
• The presence of one or more controlled substances in the person’s blood, as determined by chemical testing; OR
• The person’s refusal to submit to a blood test.

None of these factors are dispositive in and of themselves. Rather, the finder of fact (the judge or the jury) must take all of them into account simultaneously in order to determine whether a person was driving under the influence of prescription drugs in Georgia.

"I had a valid prescription" is NOT NECESSARILY a valid defense...

There are many prescription drugs which, even if used correctly, can impair a person’s ability to drive safely, and can potentially lead to a DUI. These may include (but are not limited to):·       

• Painkillers, including codeine and morphine;       
• Anti-anxiety medications, including diazepam, lorazepam, and alprazolam;      
• Some anti-depressants, including amitriptyline and fluvoxamine;       
• Sleep aids, including Ambien; and
• Muscle relaxants, including carisoprodol and cyclobenzaprine.