You may be surprised to learn that some DUI laws in Pennsylvania specifically target innocent people. Yes, even if you haven’t had a sip of alcohol or abused any illicit drugs, you can still be arrested for DUI and charged with a DUI equivalent to those with “Highest Rate” blood alcohol levels. Even for a “first offender” this can mean up to six months in prison, $5,000 in fines and a full, 12-month, license suspension.
Welcome to the upside down world of DUI-prescription drugs.
Under Pennsylvania’s DUI- prescription drug laws, you can be arrested and even convicted of a DUI for taking certain common medications which include pain killers, allergy medications and even certain types of cough syrup. The government can even try to prosecute you even if you are taking them while following a valid prescription. The problem arises from very poorly designed laws and under-trained police officers enforcing them.
The way the laws are designed in Pennsylvania, the only evidence required is an officer’s opinion that you are impaired by the lawfully prescribed drugs you are taking on doctor’s orders. Police officers themselves are not trained in physiology, pharmacology or drug interactions. Instead all they look for are certain common symptoms like features of the eyes and slurred speech. Sometimes, it may be more complicated than that in that the use a 12-step DRE process that has never been truly validated scientifically. For example, a person suffering from allergies and taking medication for it may have water eyes and swelling in the throat and nose that may make their speech sound awkward. This is all that is needed to make an arrest.
The number of innocent people arrested and charged with DUI-prescription drugs is mounting by the day. Unfortunately, many of these innocent people are convicted or plead to lesser charges for a crime they did not commit.
This is why it is important to get the best legal help available when dealing with complex cases like DUI prescription drugs. The attorneys at The McShane Firm are highly trained in the scientific and medical aspects of these cases and have the experience needed to protect your rights. Please call 1-866-MCSHANE for a free consultation.
Justin McShane
PA DUI attorney Justin J. McShane is the President/CEO of The McShane Firm, LLC - Pennsylvania's top criminal law and DUI law firm. He is the highest rated DUI attorney in PA as rated by Avvo.com. Justin McShane is a double Board certified attorney. He is the first and so far the only Pennsylvania attorney to achieve American Bar Association recognized board certification in DUI defense from the National College for DUI Defense, Inc. He is also a Board Certified Criminal Trial Advocate by the National Board of Trial Advocacy, a Pennsylvania Supreme Court Approved Agency.
Gary disgusted youse says:
I feel the pa.state police are overstêpping their boundaries.I have someone very dear to me that has fibrous mialgia,trigeminal mialgia,and depression issues.she was pulled over for not having her headlights on.she wasn’t drinking,no odor of marijuana coming from her vehicle,she was in total control of her vehicle.the officer saw she had prescriptions in her purse(which were hers&NONE OF THEM SAID NOT TO OPERATE A VEHICLE)SO BEING THE UNINFORMED OFFICER he is proceeded to give her a field sobriety test,SHE PASSED,since hehad no grounds to legally charge her with dui,or not safely controlling her vehicle he proceeded to go 1 step further,yep,the newbie rookie took her for a blood test.these police are getting out of hand.I feel she was violated in the most embarrassing way.the officer obviously abused his badge.