DUI: Understanding the Complexities of Medicated Driving and Physician Responsibility

Consider this scenario : You were prescribed two medications. The doctor tells you there is no interaction between the drugs and details the side effects listed by the pharmaceutical company. You take your first dose of each medication at the pharmacy before heading back to the office to finish out your day. You assume everything is fine until you start to drive home. You are pulled over and ultimately arrested for DUI , even though you were not drinking or taking drugs recreationally. Will this charge stick? Is the doctor liable in any way?

Maybe. Maybe not. It depends entirely on the circumstances. To demonstrate the complexity, here are some examples of how the scenario might play out in the Texas court system:

Under Texas law, if you have taken one or more substances listed on the controlled substance list known to impair driving, you may be prosecuted for a DUI whether you claim to know about it or not. If you should have reasonably known or could find out that the substance or substances would cause a problem, you will likely be found guilty of DUI.

If your doctor and/or pharmacist did not give you a copy of the side effects, failed to warn you about associated risks, or failed to ask if you wanted a consultation, you may be able to hold the practitioner liable for medical malpractice in civil court. Depending on the circumstances of the case, this may or may not be a credible defense against DUI.

If a doctor prescribed two medications with known interactions, and you were not given the information needed to act responsibly, you may not be responsible in a DUI case. In these cases, a doctor or a pharmacist may be found guilty of malpractice in civil court.

Medications that are not controlled substances can still lead to DUIs. If you take more than the recommended dose or had knowledge of the potential side effects, you could be found guilty of DUI. For instance, diphenhydramine is a common over-the-counter antihistamine. It commonly causes side effects like drowsiness, and taking it before driving with or without another medication could be cause for a DUI conviction.

However, if you had no reason to believe that the substance would impair your ability to drive, and you did not knowingly get behind the wheel of the vehicle while impaired (i.e. if you did not know you were driving any differently), an attorney may be able to prove you were not acting negligently. In these cases, it is possible that DUI charges will be dismissed.

Proving medication-related DUIs can be tricky. There are several possible defenses a driver can use, especially if you were prescribed a bad mix of medication or failed to receive proper consultation from your physician. Always take a medication or medications for a few days before operating a vehicle. While legitimate cases of neglect or malpractice may exist, you have a personal responsibility to your own safety.

Getting a DUI can be a scary experience, especially if you were not knowingly engaging in illegal or negligent behaviors. The reality is you may not be responsible for your behaviors in certain situations. In these cases, you may be able to hold the physician or pharmacist responsible. An experienced personal injury attorney can help you determine the complexities in a medication-related DUI case. For more information about prescription-related DUIs, reach out to our office in Houston today.

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