Many people believe that DUI only applies if you are under the influence of alcohol, but that’s not true. Pennsylvania DUI law also includes any other controlled substance that can impair your ability to operate a motor vehicle safely.
Yes, you can get a DUI even if you haven’t been drinking alcohol
In Pennsylvania, the DUI statute encompasses a wide array of impairing substances beyond just alcohol. These include illegal drugs, prescription medications, and even over-the-counter drugs if they impair your ability to operate a vehicle safely. The legal framework in Pennsylvania clearly states that any substance that impairs a driver’s faculties to the degree that they can no longer drive safely can lead to a DUI charge.
Common substances leading to DUI charges
- Prescription medications – Drugs like painkillers, anti-anxiety medications, and some antidepressants can impair driving ability. It’s crucial for drivers to know the side effects of any prescription medication they are taking and to discuss their driving plans with a healthcare provider.
- Over-the-counter medications – Antihistamines or sleep aids can cause drowsiness and significantly impair motor skills and reaction times.
- Illegal drugs – Substances like marijuana, cocaine, and methamphetamine are common drugs involved in drug-related DUIs. Pennsylvania has a zero-tolerance policy for driving with any detectable level of these substances.
Legal standards and penalties for non-alcohol DUI
While alcohol-related DUIs are most common, the penalties for operating an automobile under the influence of drugs are just as severe. Also known as DUI(D) or drugged driving, a person driving in Pennsylvania is guilty of DUI if he or she drives:
- With any amount of a Schedule 1 controlled substance in his or her blood
- With a metabolite of a Schedule 1 substance in his or her blood
- Under the influence of a drug or combination of drugs that impairs his or her ability to operate the motor vehicle safely
- Under a combination of drugs and alcohol that impairs his or her ability to operate the motor vehicle safely
The problem with testing for controlled substances
Something to note here is that the metabolite of a controlled substance may be present in your blood even though you were not under the influence of that drug while operating your vehicle. Because of this, there is a certain threshold for the concentration of drug-related metabolites before the test can be introduced into evidence against you. Also, some drugs stay in your system longer than others, and these facts can be used to contest whether certain metabolites could have affected your driving at the time of your arrest.
DUID charges sometimes arise when a breath test doesn’t register over .08, but the arresting officer still suspects that the driver is under the influence of another substance. Some law enforcement agencies in Pennsylvania also have Drug Recognition Evaluators who participate in DUID investigations. These Drug Recognition Evaluators are trained to check for evidence of drug use, including:
- Increased blood pressure
- Pulse rate
- Dilated pupils
- Injection marks
Like alcohol-related DUIs, drug-related DUIs are susceptible to inaccurate readings and may only be supported by circumstantial evidence. Depending on the facts and circumstances of your arrest, several defenses may be available to have your charges reduced or dismissed altogether. An experienced DUI attorney can advise you on how to proceed with your case best.
How Kellis Law Firm can help in non-alcohol DUI cases
At Kellis Law Firm, we understand the complexities of DUI charges related to non-alcoholic substances. Defending such cases requires a deep understanding of the legal and scientific implications of how different substances affect human faculties. Our approach includes:
- Evaluating the accuracy of testing methods – We scrutinize the methods used to test for drug levels in the bloodstream, as these can sometimes yield false positives or be influenced by external factors.
- Assessing the legality of the traffic stop and arrest – We ensure that your rights were not violated during the traffic stop or any subsequent searches and seizures.
- Expert testimony—We often employ expert witnesses to testify about the effects of prescribed or over-the-counter medications, challenging the assertion that these substances significantly impair driving ability.
Arrested for any type of DUI? Call us immediately.
Can you get a DUI for anything other than alcohol? Absolutely. Pennsylvania law is stringent regarding driving under the influence of any impairing substance. If you or someone you know is facing such charges, seeking knowledgeable and experienced legal representation is crucial. Kellis Law Firm is adept at navigating the intricacies of DUI defenses, ensuring that our clients receive a robust defense that considers all aspects of their case.
For those facing DUI charges related to non-alcoholic substances, contact Kellis Law Firm for a thorough evaluation of your case and a personalized legal strategy to protect your rights and future.