Anyone who is familiar with recent advertising campaigns against drunk driving has heard the phrase, "impairment begins with the first drink." However, impairment doesn't necessarily have to involve the consumption of alcohol. Section 3802 (d)(2) of the Pennsylvania Vehicle Code deals specifically with individuals who are under the influence of a controlled substance. It states, "Individuals may not operate a vehicle if they are under the influence of a drug or combination of drugs that impairs their ability to safely drive."
Controlled substances can range from illegal drugs such as marijuana, cocaine and methamphetamine to prescribed narcotic pain medication such as Codeine, Percocet and Vicodine. The side effects of these pain medications when taken at high dosage combined with operating a vehicle can some times result in DUI charges. A recent case originating in Delaware County resulted in a DUI conviction when the defendant operated a vehicle over three hours after taking prescription Valium and Percocet with codeine. The Court said evidence that the defendant was driving erratically, had constricted pupils, was unsteady on their feet after the traffic stop and had the appearance of confusion was enough to show that the drugs impaired his ability to safely operate his vehicle.
In another case currently being appealed to the Pennsylvania Superior Court, the trial court determined that evidence of bad driving, admission of taking a prescribed pain medication and failure to pass three sobriety tests was insufficient evidence for a conviction, without an expert testimony that the defendant was so impaired so as to be incapable of safe driving. The acquittal in this case serves as a clear example of how having a skilled Pennsylvania DUI attorney on your side can make a serious difference. If you have been charged with DUI for being under the influence of any type of drug, contact Jason R. Antoine.
