What type of defenses might be available if I’ve been arrested for driving while on a prescription medication?
Roseville, MN DWI defense attorney Charles Ramsay talks about the defenses you might have if arrested for driving while on a prescription medication.
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More and more people in Minnesota are being prescribed prescription medications. I think the Mayo Clinic put out a study recently that 70 percent of drivers are driving with some type of medication in their system. It is a crime in Minnesota to drive with a Schedule I or Schedule II drug in their system even if you’re not impaired. Heck, most of these drugs, when prescribed and taken in accordance with the prescription, allows a driver to drive more safely, yet it’s a crime. So there are defenses, fortunately. Now, on the criminal side, those defenses include taking the prescription in accordance with the prescription. But that’s an affirmative defense that we have to bring forward to the prosecutor. Unfortunately, many prosecutors believe that if they’ve consumed alcohol and taken a prescription, that they’re not taking that prescription in accordance with doctor’s orders and they fight that. But there are ways around that as well.