Drug DUI FAQs

Can I be arrested for driving after using drugs according to my prescription? 

• Oregon’s DUII laws are about impairment rather than specific substances.
• Yes, if that medication impairs your driving ability to a noticeable or perceptible degree.
• Many common medications have warning labels about driving during use.  
• Combinations of different medications can cause impairment where they wouldn’t individually. 

Yes, you can get a DUI from taking legally prescribed medication if it impairs your ability to drive. Oregon’s DUII law includes any intoxicating substance, whether it was legally obtained or not. If your medication has warning labels about driving then ignoring that label can be dangerous. Similarly, combinations of different medications with each other or mixed with intoxicants can lead to a DUI charge, even if individually those medications wouldn’t cause impairment. It is important that you make any prescribing doctor aware of other medications you are taking to avoid negative interactions.

Here’s some important perspective from Dan Reynolds. 

Do police treat medicine the same as street drugs? 

• In terms of a DUI charge, the law does not make a distinction between medication and street drugs.
• If non-prescribed drugs are found in an Oregon DUII investigation, you will likely face a separate charge for ‘Possession of a Controlled Substance’.
• If you are using medication according to directions and warnings but have an adverse reaction, your attorney may be able to raise this as a defense.

Under Oregon law, there is no difference between a DUI charge for prescription medication and one for street drugs. However, if non-prescribed drugs are found during a DUII investigation, you could also face a separate charge for Possession of a Controlled Substance. However, if you were taking medication as prescribed and experienced an unexpected adverse reaction, your attorney may be able to use that as part of your defense.

For information on marijuana DUI’s, read here.

What drugs count as intoxicants for DUI / DUII charges in Oregon?

• Any type of medication which noticeably impacts your physical or mental abilities can lead to a DUI charge. 
• Some common examples of problematic medications are painkillers, anti-anxiety drugs, and sleeping aids. 
• Over-the-counter medications which impact driving ability, such as cold or cough medicine, can lead to a DUI charge.
• Make sure to read any warning labels carefully and consult with your prescribing medical provider to be safe.  
• Illegal drugs found during a DUI investigation usually trigger additional charges.

Under Oregon DUI law, any type of medication which negatively effects your mental or physical ability to drive can lead to a criminal charge of DUI. Painkillers, anti-anxiety medication, and sleeping aids can all be problematic, and are frequently factors in DUI cases. It is important to take note of medicine warning labels on prescription and over-the-counter drugs, and to discuss any potential for driving impairment with your medical provider to be safe. Of course, if you are caught with street drugs or someone else’s prescriptions during a DUI investigation you should expect to have additional charges.

Here’s Dan Reynolds video on the subject. 

What happens in a drug DUI arrest in Oregon? 

• Field sobriety tests are used to look for signs of impairment during a DUII investigation. 
• After arrest, blood or urine tests are used to test for impairing substances.
• If you refuse a blood or urine test, police in Oregon will almost always request a warrant to compel one. 
• A Drug Recognition Expert (DRE) may evaluate you using a 12-step protocol to determine what type of drug is causing impairment. 

When an Oregon DUII investigation doesn’t involve alcohol, officers still use field sobriety tests to look for signs of impairment. If you are taken into custody, they will usually request blood or urine tests to detect impairing substances. If you refuse these tests police will typically ask a judge for a warrant to compel them. In some cases, a specially trained Drug Recognition Expert (DRE) officer may conduct an evaluation to identify the type of drug causing impairment. This involves a 12-step protocol testing various mental and physical factors which they use to make an estimation of the type of drugs involved.

Can police search my car during a DUII arrest in Oregon?

• You do not have to consent to a search of anything. 
• You may not actively resist or put effort to preventing a search or you could get additional criminal charges.
• If you have been placed under arrest for DUII or another driving-related crime, then police are typically allowed to search your car. 

If police pull you over and ask to search your car, you are not required to consent. However, you cannot actively resist or try to prevent them from searching your car, as this can lead to criminal charges on top of whatever they are already investigating. If you have been placed under arrest for DUII or any other driving-related criminal offense, then it is lawful for police to search your car regardless of whether or not you consent.

Can I do diversion for a DUII involving drugs in Oregon?

• Yes, if you are eligible for the diversion program, that is usually an option to resolve your case. 
• The Oregon DUII diversion requirements are the same regardless of the source of intoxication. 
• If your case did not involve alcohol, your attorney may make an argument to exclude the ignition interlock device (IID) requirement. 

If you are facing an Oregon DUII charge which involves prescription medication or other drugs, you may still be able to enter the diversion program. Other eligibility requirements still apply, such as not having a commercial driver license and not having had a previous DUII within 15 years. If you enter the diversion program to resolve your non-alcohol DUII case, your attorney may be able to convince the court to exclude the ignition interlock device (IID) requirement.

What happens if I’m convicted of a drug DUI / DWI in Oregon?

• If you are convicted the sentencing guidelines are the same as an alcohol-related DUII. 
• The incarceration period, fines, and other consequences depend on the specifics of your case and your criminal history. 
• Drug and alcohol evaluation and treatment are always required with Oregon DUI convictions. 

If you are convicted of a drug DUI in Oregon, the sentencing guidelines are the same as any other DUI sentence. The specific length of incarceration, amount of fines, and other conditions of your sentence depend on the facts of your case and your criminal record. Your attorney should advise you what the potential range is for your situation so you can make informed decisions about your case. Similar to an alcohol-base case, substance abuse evaluation and treatment programs are required for any DUI conviction in Oregon.  

What evidence is used in Oregon drug DUII cases? 

• Urine and/or blood testing are frequently used as evidence of DUI. 
• Police use both physical and mental tests to gather evidence that you were driving while intoxicated.
• Tests may include checking your pulse rate, blood pressure, and body temperature, as well as testing balance and ability to follow instructions. 
• Police often check your eyes to see if the pupils react normally. 

To provide evidence of drug intoxication in an Oregon DUI case, police often rely on urine or blood tests to show what was present in your body at the time of arrest. Tests performed on the side of the road and at the police station can also be used to demonstrate signs of impairment in your physical and mental faculties. These tests can include checking your pulse, blood pressure, body temperature, testing your balance, your ability to follow instructions, and examining your eyes to see if your pupils respond normally to changes in light.