Lincoln Prescription Drug DUI Lawyer

Lincoln Prescription Drug DUI Attorney

If you find yourself dealing with charges of driving under the influence of prescribed medication, it is vital to enlist the help of a Lincoln prescription drug DUI lawyer who can help you navigate the circumstances of your charges and advocate on your behalf.

For many Nebraskans, prescription drugs are a part of everyday life. Including everything from blood pressure pills to cancer medication, prescription drugs should only be used by patients with the written consent and direction of a medical health professional. Though widely used, some medications can cause side effects that hinder one’s ability to operate a motor vehicle, making it dangerous for the individual to get behind the wheel.

Lincoln Prescription Drug DUI Lawyer

Definition of DUI Cases

In the state of Nebraska, a person may be charged with a DUI, or “driving under the influence,” for operating or being found in “actual physical control” of an automobile. The words “under the influence ” mean that the person’s capability to safely operate a motor vehicle is hindered and considered dangerous due to whatever substance they are being influenced by.

Charges are likely to occur when a police officer pulls an individual over who they suspect is driving under the influence of drugs or alcohol. In some cases, if there are no other extenuating circumstances, a DUI can be a misdemeanor. However, if there are other factors at play–serious bodily personal injury, death, child passengers, a history of past DUI convictions, a DUI with a suspended license, or property damage–the DUI can be enhanced to a felony.

Common Prescription Drugs and Over-the-Counter Medications Connected to DUI Cases

Some of the most prevalent prescription and over-the-counter medications that have the potential to lead to a drug-related DUI across the country are as follows:

  • Muscle relaxers
  • Anxiety medications, such as Xanax
  • Sleeping pills like Ambien and Seroquel
  • Cough medication, such as Robitussin
  • Prescription painkillers like OxyContin
  • ADHD drugs
  • Cold or flu medicines like NyQuil
  • Albuterol, commonly found in prescribed inhalers

Each of these is common enough to be prescribed or sold as an over-the-counter medication, but they can often lead to mood-altering states or drowsiness and impair an individual’s ability to safely operate a motorized vehicle. They can also lead to a loss of one’s balance and a decreased capability to follow instructions when stopped by a police officer.

How Prescription Drug DUI Testing Works

If stopped by a police officer and suspected of driving under the influence, the officer will most likely begin by performing an alcohol sobriety test and ask you to undergo a breathalyzer to determine your blood alcohol level. If the breathalyzer is passed, the officer might investigate the possibility of other substances that could be impairing your ability to drive.

A DRE, or Drug Recognition Expert, may be contacted to conduct a series of tests to try to determine what other medications you might be on. You will then be asked to submit either a blood or urine sample for chemical testing. Unfortunately, there is no set level of impairment when it comes to drugged driving like there is with drunk driving and blood alcohol levels. This means the impairment of the driver is left to the discernment of the responding officer or DRE.

Even with a chemical test, it can be difficult to understand the exact level of impairment at the time of a stop. This is why it can be so crucial to employ the assistance of a criminal defense lawyer who can guide you with clarity and experience through these often complex cases.

Prescription Drug DUI Penalties

Penalties incurred after a DUI in Lincoln and other areas in Nebraska can vary depending on a litany of factors. These can include anything from previous DUI convictions to whether the offense caused an accident or bodily injury to any other parties on the roadway. Punishments range from a combination of a fine and a set amount of jail time to probation, which usually consists of a fine and either reduced jail time or lengthy community service hours.


Q: How Do I Get Out of a DUI in Nebraska?

A: There are a few ways to get your DUI dismissed in the state of Nebraska:

  • Case Lacks Probable Cause: The charges may be dismissed if the officer did not have sufficient reasons to pull you over.
  • Field Sobriety Test Administered Improperly: If tests were not conducted under specific guidelines, charges may be dismissed.
  • Miranda Rights’ Violation: If you were not read your rights, the charges may be dropped.
  • Employment of Illegal Search and Seizure: Any evidence gained in a search without a warrant or probable cause will not be admissible in court.

Q: Can You Get a DUI on Antidepressants?

A: Yes, it is possible to get a DUI due to being under the influence of antidepressants. Simply having a legal prescription for the drug is not a legal defense in the state of Nebraska. If the police officer has reasonable suspicions you are driving impaired while on antidepressants, they can charge you with a DUI.

Q: Is it True That You Cannot Get a DUI on Prescription or Over-the-Counter Drugs?

A: No, you can be charged with a DUI while on prescription or over-the-counter drugs. Violating state laws that say you cannot drive while impaired by prescription or over-the-counter drugs can result in an arrest. At the end of the day, it is illegal to operate a motor vehicle while impaired due to any drug, legal or not.

Q: Can You Be Charged With a DUI While Under the Influence of Prescription or Over-the-Counter Drugs?

A: Yes, you can be charged with a DUI while under the influence of prescription or over-the-counter drugs. The state of Nebraska does not look at a prescription made by a medical health professional as a legal defense in a DUI case. It is possible, however, to fight these charges. A skilled attorney can offer guidance and help you navigate your arrest and subsequent case.

Enlist a Lincoln Prescription Drug DUI Lawyer Today

If you find yourself charged with a DUI due to prescribed medication or over-the-counter drugs–even if the charges are minimal–it is wise to know your rights and options as you head into the complicated court system. These charges can often be life-changing, and you may feel overwhelmed when facing them. Sopinski Law Office is here to assist you and offer some peace of mind. Contact us today, and let us review your cause and fight for your rights.



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