Can You Get a DUI for Prescription Drugs in Pennsylvania?

Yes—Prescription Drugs Can Lead to DUI Charges

Under 75 Pa. C.S. § 3802(d), it is illegal to operate a vehicle if you are under the influence of a drug or combination of drugs to a degree that impairs your ability to drive safely. This includes:

• Painkillers (e.g., oxycodone, hydrocodone, morphine)

• Anti-anxiety medications (e.g., Xanax, Valium, Ativan)

• Sleep aids (e.g., Ambien, Lunesta)

• Stimulants (e.g., Adderall, Ritalin)

• Antipsychotics or antidepressants

• Medical marijuana (even with a card)

In Pennsylvania, legal possession doesn’t mean legal use while driving. If the drug affects your alertness, reaction time, or motor skills, you can still be charged with DUI.

How Are Prescription DUI Cases Proven?

Prescription drug DUIs are often harder to prove than alcohol DUIs because there’s no universal “legal limit.” Prosecutors typically rely on:

• Officer observations (e.g., erratic driving, slurred speech, confusion)

• Field sobriety test results

• Toxicology reports showing drug presence in blood or urine

• Statements you made about what medications you took

• Expert testimony about how the drug affects the body

You may also be evaluated by a Drug Recognition Expert (DRE) at the police station.

Unlike alcohol DUIs, even therapeutic doses of prescription drugs can trigger charges if they impair your ability to drive safely.

Penalties for Prescription Drug DUIs in Pennsylvania

The penalties for a prescription drug DUI are the same as a high-rate alcohol DUI or illegal drug DUI, including:

• First offense:

  • 72 hours to 6 months in jail

  • 12-month license suspension

  • $1,000 to $5,000 in fines

  • Mandatory DUI classes and drug treatment

• Second offense:

  • 90 days to 5 years in jail

  • 18-month license suspension

  • $1,500 to $10,000 in fines

  • Ignition interlock and additional penalties

These penalties apply even if you weren’t drinking, and even if the medication was prescribed.

Possible Defenses to a Prescription Drug DUI

Being charged does not mean you’ll be convicted. A skilled DUI defense lawyer can fight the charges by showing:

✅ You were not actually impaired—Toxicology showed presence but not effect
✅ The stop was unlawful—No valid reason for the traffic stop
✅ Testing procedures were flawed—Improper handling or analysis of your blood
✅ No proof of impaired driving—Your behavior did not match impairment
✅ You had a valid prescription—And were taking the drug as directed

Your attorney may also negotiate for reduced charges, ARD program eligibility, or other alternatives depending on your criminal history.

Should You Tell Police You Took Prescription Drugs?

You’re not legally required to disclose what medications you’re taking. In fact:

• You have the right to remain silent

• Anything you say can be used against you

• It’s better to politely decline to answer without a lawyer present

Never lie, but also don’t offer information the police don’t have unless advised by your attorney.

📞 Contact Mark D. Hauser, Criminal Defense Attorney, Today

A DUI involving prescription drugs is a serious charge with long-term consequences. But with the right defense strategy, you may be able to avoid jail, keep your license, and protect your record. With over 30 years of experience defending DUI cases in Philadelphia and throughout Pennsylvania, Mark D. Hauser is ready to help.

📞 Contact Mark D. Hauser, criminal defense attorney, today for a confidential case evaluation.