What are my rights regading a DUI if I’m currently taking long term pain time release medication as directed?

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What are my rights regading a DUI if I’m currently taking long term pain time release medication as directed?

I have been taking it for a cervical spine injury sustained over 10 years ago. After a minor automobile accident a little over a year ago, I was taken to hospital where after a blood test they found that I had 50 nannograms of medication in my system and thereby charged me with a DUI. The directions on the prescription clearly state to “Use care when operating a car or dangerous machinery”. It does not state do not drive while using this medication. The current law in my state provides that any measurable amount of prescription medication will result in a DUI. Given the laws is this just cause for a case against the pharmaceutical company for failure to inform the consumer?

Asked on May 23, 2013 under Criminal Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country even if you are allowed to use the pain medication per doctor's orders as you have written about, IF the use of such precribed medication impedes your ability to drive a motor vehicle safely, you still can be charged with a DUI with respect to a controlled substance.

I see no factual basis for a legal action against the pharmaceutical company for failure to warn about a law in your state. The company is not an attorney. It manufacturers and/or dispenses medication.


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