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Can You Be Arrested for DUI in Boise if You’re Under the Influence of a Legally Prescribed Medication?


When most people think about a DUI, they imagine someone who’s been drinking beer or shots all night and then get behind the wheel. They don’t realize that a lot of people pulled over for driving under the influence in Boise didn’t really intend to drive drunk. They also don’t realize that a lot of the people arrested and charged with DUI in Idaho weren’t under the influence of alcohol at all.

A good number of drivers charged with DUI are not actually arrested for drinking and driving. Instead, they’re arrested for driving under the influence of drugs. The number of these defendants is increasing with the opioid epidemic reaching staggering proportions. Since the DUI laws in Idaho are intended to keep the public safe, it doesn’t matter what substance you’ve taken. The only thing that matters is whether you’re able to operate your vehicle in a safe manner. This means the police will arrest you for DUI no matter what you’ve taken. This includes prescription drugs.

If you’ve been arrested for DUI and were under the influence of a legally prescribed medication, you really should call an experienced DUI defense lawyer in Boise, Idaho. This will give you the best chance at having your charges reduced or dismissed. Call today and talk to one of our experts.

It Seems Unfair to Be Penalized for Taking Your Prescribed Medications

When our clients learn that they’ve been charged with DUI in Boise for taking prescribed medications, they get angry and frustrated. They think that it’s unfair for the police to arrest them when, in their eyes, they haven’t done anything wrong. However, the goal of the law is to keep people safe. There are certain drugs that, when taken, can make you impaired to the point where you can’t operate a motor vehicle safely. For example, your doctor may prescribe you anti-anxiety medications such as Xanax or Valium. These drugs, even when taken properly, can make you drowsy or disoriented. And, if you take more than you’re supposed to, you’ll end up even more impaired than you would be if you had been drinking alcohol.

The same is true for pain medication. You may be prescribed a drug like oxycodone. Even if you’re prescribed a low dosage, it can still make you impaired. Sadly, with the opioid epidemic being what it is, a lot of people take much more medication than they should. They may be prescribed oxycodone 10 mg to be taken three times a day. But they may end up taking two or three times as much as they should. Or they may snort the drug rather than taking it orally. This causes the drug to be much more potent than it’s intended to be. When the police come across a suspect who is clearly impaired by any medication, they have to follow protocol. You will be arrested if you’re not able to safely operate your car or SUV.

How Can the State Prove You Were Actually Impaired or Intoxicated in Idaho?

One of the hard things about a drug-related DUI case is proving that you were impaired at the time of your arrest. For the most part, if you’re suspected of being under the influence of any drug – legal or otherwise – you’ll be subjected to a chemical test. This means you’ll have to take a urine or blood test after your arrest. Depending on how much of the drug is in your system, you may be found to be impaired. However, this means there’s ample opportunity for your Boise DUI defense lawyer to poke holes in the State’s case.

Just because there’s a certain drug in your system doesn’t automatically mean you were impaired at the time of your traffic stop. It can be hard for the prosecutor to prove when you took a certain drug. This means they’ll rely heavily on your field sobriety test. If your DUI defense lawyer can show that the test wasn’t administered properly, they may be able to get your charges reduced or dismissed.

Contact a Skilled DUI Defense Attorney in Boise, Idaho

If you or your loved one is arrested and charged with DUI in Boise, you need to call our office right away. The ramifications of a DUI conviction are huge. You don’t want to handle this on your own. Call an experienced DUI defense lawyer in Boise, Idaho right away. We can schedule your initial consultation right away and start preparing your defense.