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Can I be charged with a DUI for prescription medication in MA?

a year ago
13

Yes, you can be charged with a DUI (Driving Under the Influence) in Massachusetts for driving while under the influence of prescription medication. In Massachusetts, the law prohibits operating a vehicle while impaired by any substance that impairs your ability to safely operate a motor vehicle, including prescription drugs.

It's important to note that prescription medications can have different effects on individuals, and some may cause drowsiness, dizziness, or impair cognitive abilities. If you are taking prescription medication that warns against operating a vehicle or using heavy machinery, it is crucial to follow the instructions provided by your healthcare professional.

Law enforcement officers in Massachusetts are trained to recognize signs of impairment, including those caused by prescription medication. They may conduct field sobriety tests and request a blood or urine test to determine the presence of drugs in your system.

For example, let's say you are pulled over for a traffic violation, and the officer notices that you are displaying signs of impairment such as slurred speech or erratic driving. If the officer suspects that you are under the influence of prescription medication, they may conduct a field sobriety test. If you fail the test or refuse to take it, you may be arrested and charged with a DUI.

It's also worth mentioning that Massachusetts has a "per se" law when it comes to prescription medication and DUI. This means that if a drug is classified as impairing your ability to drive, it is illegal to operate a vehicle with any amount of that drug in your system, regardless of whether it impairs your driving or not.

It's always advisable to consult with your healthcare provider about the potential effects of your prescription medication on your ability to drive safely. If you are charged with a DUI for prescription medication, it is crucial to seek legal counsel to understand your rights and options.

References:

  1. Massachusetts General Laws, Chapter 90, Section 24
  2. Massachusetts State Police - OUI Drugs

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