Idaho DUI | Prescription Medication DUI

Most people are aware of the fact that they can be arrested for driving on an illegal drug, however, most people are shocked to find out that they can be arrested for driving under the influence of a lawfully-prescribed medication.

Idaho Medication DUI Lawyers

Idaho Medication DUI Lawyers | Boise DUI Lawyers

Idaho Medication DUIs 

A Medication DUI can arise from a wide range of medications, including:

  • Over-the-counter medications
  • Cold and allergy medications
  • Other valid prescriptions
  • Any medicines that cause drowsiness

Police officers use their own discretion when assessing impairment from a prescription drug. They often make an assumption based on assumption or "instinct". These assumptions are frequently not based on fact, which means they could lead to the arrest of a completely innocent individual.

More and more I am seeing people arrested for DUI based upon prescription medications. Over 70% of Americans take at least one prescription medication. Police are using this to their advantage. If they pull someone over for DUI and find that the person is not over the legal limit for alcohol, they create a reason to perform a blood draw and charge the individual with DUI based upon prescription medications. If it turns out there is no medication in the individuals blood, no skin off their teeth, however, just playing the odds, it turns out that many times there is a prescription medication found in the blood test.

To learn more about what and who goes into charging someone with a medication DUI visit Idaho Drug Rec. Experts. I explain who Drug Recognition Experts are and the uses of blood tests.

Prescription Drug DUI charges rest heavily on assumptions and judgment calls made by an arresting officer. This means that by crafting a strong defense, you can effectively fight these charges.

What is a Drug Recognition Expert?

Drug Recognition Expert (DRE) is a law enforcement officer trained to identify people whose driving is impaired by drugs other than, or in addition to, alcohol. The 12 step procedure they follow is called a Drug Influence Evaluation (DIE), to determine which category of drugs is causing the driver to be impaired.

If a DRE determines that a driver is impaired, they will look for indications of the drugs by the common perceivable effects the drugs have on the human body. There are seven categories of classifications a DRE is looking for, including:

  • Central Nervous System (CNS)
  • Depressants
  • CNS Stimulants
  • Dissociative Anesthetics
  • Cannabis
  • Hallucinogens
  • Inhalants
  • Narcotics.

A DIE involves the following 12 steps:

1. Breath Alcohol Test

The arresting officer reviews the subject's breath alcohol concentration (BrAC) test results and determines if the subject's apparent impairment is consistent with the subject's BrAC. If the impairment is not explained by the BrAC, the officer requests a DRE evaluation.

2. Interview of the Arresting Officer

The DRE begins the investigation by reviewing the BrAC test results and discussing the circumstances of the arrest with the arresting officer. The DRE asks about the subject's behavior, appearance, and driving.

3. Preliminary Examination and First Pulse

The DRE conducts a preliminary examination, in large part, to ascertain whether the subject may be suffering from an injury or other condition unrelated to drugs. Accordingly, the DRE asks the subject a series of standard questions relating to the subject's health and recent ingestion of food, alcohol, and drugs, including prescribed medications. The DRE observes the subject's attitude, coordination, speech, breath and face. The DRE also determines if the subject's pupils are of equal size and if the subject's eyes can follow a moving stimulus and track equally. The DRE also looks for horizontal gaze nystagmus (HGN) and takes the subject's pulse for the first of three times. If the DRE believes that the subject may be suffering from a significant medical condition, the DRE will seek medical assistance immediately. If the DRE believes that the subject's condition is drug-related, the evaluation continues.

4. Eye Examination

The DRE examines the subject for HGN, vertical gaze Nystagmus (VGN), and a lack of convergence.

5. Divided Attention Psychophysical Tests

The DRE administers four psychophysical tests: the Modified Romberg Balance, the Walk and Turn, the One Leg Stand, and the Finger to Nose test.

6. Vital Signs and Second Pulse

The DRE takes the subject's blood pressure, temperature, and pulse.

7. Dark Room Examinations

The DRE estimates the subject's pupil sizes under three different lighting conditions with a measuring device called a pupilometer. The device will assist the DRE in determining whether the subject's pupils are dilated, constricted, or normal.

8. Examination for Muscle Tone

The DRE examines the subject's skeletal muscle tone. Certain categories of drugs may cause the muscles to become rigid. Other categories may cause the muscles to become very loose and flaccid.

9. Check for Injection Sites and Third Pulse

The DRE examines the subject for injection sites, which may indicate recent use of certain types of drugs. The DRE also takes the subject's pulse for the third and final time.

10. Subject's Statements and Other Observations

The DRE typically reads Miranda, if not done so previously, and asks the subject a series of questions regarding the subject's drug use.

11. Analysis and Opinions of the Evaluator

Based on the totality of the evaluation, the DRE forms an opinion as to whether or not the subject is impaired. If the DRE determines that the subject is impaired, the DRE will indicate what category or categories of drugs may have contributed to the subject's impairment.

12. Toxicological Examination

The toxicological examination is a chemical test or tests that provide additional scientific, admissible evidence to support the DRE's opinion.

For a more detailed description of a DIE go to

Truthfully, the "expert" part of Drug Recognition Expert is a misnomer, these are people who are trained to fill out a chart based upon what they see. The chart is supposed to tell them what substance is present. Essentially, The DIE is a guess! It is subjective and easily manipulated. DRE's are not doctors, they are not nurses - in fact, they have little to no medical training at all. The DIE is nowhere near 100% accurate and there are many ways to challenge the DRE's testimony.

The true purposes of the DIE is to establish probable cause to perform a blood or urine analysis.

Blood Testing

Presently, drug testing labs do not have the ability to identify drugs in an individual's system accurately enough to determine whether or not an individual was driving while actually under the influence. This means that DUI charges involving drugs can often be made more on speculation, rather than hard facts and evidence.

Unlike DUI cases involving alcohol, there is no BAC limit that allows officers to gauge a person's impairment. In fact, even if a blood test indicates a high level of a certain prescription drug is in the person's system, this does not necessarily mean that the person was impaired while driving. To begin with, different drugs affect the human body differently, so an individual's level of impairment depends on:

  1. The type of drug they have taken
  2. The quantity they have taken
  3. The time they took it
  4. The tolerance level they have to that drug

Of course the blood test is going to test positive for the prescription drug you are properly prescribed and take at your doctor's direction, it would be odd if you didn't test positive for this prescription drug. Remember, just because you test positive does not mean you are impaired by the prescription medication.

Additionally, some drugs are detectable in blood tests long after the effects of the drug have worn off. The classic example of this is marijuana, which remains in the body for up to a month since the last use. Even if you test positive for a prescription medication or drug, a positive test does not prove you were impaired at the time you were driving the motor vehicle.

Call us today for a free consultation

I see people plead guilty to this type DUI all the time that do not believe they are guilty. They assume that they can not win because their blood test came back positive for a prescription medication. Do not fall into this trap! A meeting with an experienced attorney could be the difference between a conviction and an acquittal. Don't ever hesitate to ask questions! 

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