OVI Charges in Ohio and How Prescription Medications Can Lead to Them

Everyone knows that they can face an arrest and prosecution for OVI in Ohio after driving while under the influence of alcohol or illegal drugs. However, what many may not realize is that they can also face a potential arrest for driving after taking prescription medication. Some prescription drugs can cause drowsiness or slowed reactions as side effects or may intensify the effects of alcohol consumed with the drug. As a result, police can arrest a driver for OVI in Ohio based on their use of a prescription drug.

Understanding Ohio’s OVI Laws

Ohio law makes it an offense to operate a vehicle while under the influence of alcohol, a drug of abuse, or a combination of them, with a blood or breath alcohol concentration of 0.08 or more. It’s also an offense to have more than a certain level of drugs in the blood, plasma, or urine. The law defines a “drug of abuse” as any controlled substance, harmful intoxicant, or dangerous drug. Many prescription drugs that contain controlled substances can fall within the definition of a “drug of abuse.”

How Prescription Medications Can Trigger OVI Charges

State law allows police to arrest a driver for OVI if a drug impairs their ability to operate a motor vehicle safely, no matter how much of the drug is in a driver’s system. Thus, a prescription drug can lead to an OVI arrest if officers determine that a driver has impaired judgment, altered perception, poor coordination, or slowed reaction times due to their consumption of a drug. Officers may base their assessment on their observation of:

• The driver’s performance behind the wheel (e.g., weaving, erratic driving, passing red lights or stop signs, etc.)
• The driver’s physical appearance (e.g., sleepy or bloodshot eyes, slurred speech, inability to maintain balance, etc.)
• The driver’s conduct during field sobriety tests (e.g., failing to maintain balance, inability to track a pen’s movements with their eyes, etc.)

After an arrest, police may conduct blood or urine tests to confirm the presence of controlled substances in a driver’s system.

Some prescription drugs cause side effects that impair an individual’s ability to operate a motor vehicle. These drugs include:

• Opioids
• Sedatives and anti-anxiety drugs (e.g., Valium, Ativan, Xanax)
• Sleep aids (e.g., Ambien, Lunesta)
• ADHD medications

Some over-the-counter drugs, such as cold and flu medications, can also induce drowsiness.

Practical Tips and Precautions

Drivers can reduce their risks of an OVI arrest due to prescription medications by employing best practices such as:

• Reviewing the warning labels for prescriptions, which may warn against operating machinery or vehicles
• Consulting doctors or pharmacists about potential side effects, especially when taking multiple medications
• Testing a new prescription’s effects in a safe environment (i.e., refraining from driving)
• Refraining from driving when feeling symptoms of dizziness, drowsiness, fogginess, or lack of coordination
• Making alternative transportation arrangements if you need to get somewhere after taking medications that cause side effects
• Keeping prescriptions in the labeled prescription bottle when transporting them in your vehicle

Finally, during traffic stops, drivers who have taken prescription medications should exercise caution when speaking with officers and avoid admitting to taking specific prescriptions.

Contact an OVI Defense Attorney Today

Many prescription drugs can cause drowsiness or altered perception as a side effect, especially when combined with alcohol. As a result, drivers may face prosecution for OVI due to intoxication caused by a prescription medication. Learn more about your rights and options after an intoxicated driving arrest based on your use of prescription medications when you contact The Law Offices of Saia, Marrocco & Jensen Inc. today for a free, confidential consultation with an OVI defense lawyer.