Yes, you can get charged for driving under the influence (DUI) of intoxicating prescription drugs in New Mexico per NMSA § 66-8-102(B). This rule applies to both controlled and non-controlled substances, even if taken as prescribed by your doctor. Refrain from making self-incriminating statements and get legal advice if arrested.
Our NM DUI lawyer, Marc A. Grano, discusses common prescription drugs that lead to DUIs, how police determine probable cause for a DUI arrest, the relevant statutes applying to DUIs, and how to defend your charges if arrested. Grano Law Offices, P.C. wrote this post to help people accused of a prescription rug DUI in New Mexico or their concerned loved ones and family members.
Prescription Drugs That Could Cause a DUI
Various prescription drugs can impair driving and motor skills. Consult your doctor and/or pharmacist, who will be able to inform you about potential side effects and drug interactions. If you feel like you could potentially be impaired, err on the side of caution and do not get behind the wheel.
In general, stimulants, opioids, and benzodiazepines most commonly cause prescription drug DUIs and are Schedule II drugs under the Controlled Substance Act. Examples of potentially intoxicating prescription drugs include:
- Adderall
- Ambien
- Ativan
- Clonidine
- Codeine
- Hydrocodone
- Klonopin
- Oxycodone
- Percocet
- Tramadol
- Valium
- Vyvanse
- Xanax
It is critical to be aware of the potential side effects of any prescription drug. You should also investigate whether the new prescription you are taking may interact with other drugs or when drinking alcohol. For more information and medical advice, always speak with your doctor or pharmacist.
A Note on Criminal Liability: Wrongly Prescribed Medications
If a doctor gives you the wrong drug or dosage, this is considered medical malpractice. Unfortunately, these mistakes are more common than you know. If a person drives while under the influence of a prescription error, the medical expert who made the error may be held liable. However, you may still face charges depending upon the facts and circumstances of your specific situation.
How Police Test for Prescription Drug DUIs
Law enforcement officers are trained to believe that the Standardized Field Sobriety tests (SFSTs) relate to testing for impairment. If the police have probable cause to believe you are impaired, they may request a breath test which measures blood alcohol content (BAC). The police may also request a blood test, or they may request the assistance of a drug recognition expert (DRE).
DREs receive training intended to detect the presence of drug-related impairment. They go through a lengthy program in which they are presented with information regarding drugs, their potential symptoms, and potential signs of drug use, including prescription drugs.
Do Not Self-Incriminate
It is probably not in your best interests to volunteer that you have taken a prescription drug to the police if they stop your vehicle. They can use this information to meet their probable cause requirement for an arrest. You have the right to protect your private medical information.
New Mexico Prescription Drug DUI Laws
A prescription DUI means you are charged with driving while under the influence of a legally prescribed drug. Even if a doctor prescribed these medications, they might cause side effects that make it impossible to drive safely.
Under NMSA § 66-8-102 (B), state laws address drug DUIs in general, as shown below:
B. It is unlawful for a person who is under the influence of any drug to the degree that renders the person incapable of safely driving a vehicle to drive a vehicle within this state.
In legal terms, this definition requires prosecutors to prove beyond a reasonable doubt four elements when seeking a prescription drug DUI conviction, including:
- Element 1 You were “operating” a motor vehicle
- Element 2. At the time of operating the motor vehicle, you were under the influence of any drug
- Element 3: To such a degree that you were incapable of safely driving a motor vehicle
Prosecutors will heavily rely on police evidence collected at the time of your stop, test, and arrest. They may use dash/bodycam footage, blood tests, drug recognition expert (DRE) testimony, eyewitness testimony, and other forms of direct or circumstantial evidence.
Prescription Drug DUI Penalties
You will be charged with driving under the influence if you are arrested for drugged driving in New Mexico. This offense carries DUI penalties if convicted. Mandatory penalties begin upon the first conviction and increase in severity with each subsequent conviction.
Penalties for a first-time DUI include:
- Up to 90 days in jail
- Up to $500 in fines
- Installation of an IID for one year *
- DWI school *
- Alcohol screening and compliance with recommendations *
- Twenty-four hours of community service *
- Addiction treatment, if recommended *
- Driver’s license revocation *
* Denotes mandatory penalty
As you can see, New Mexico takes DUI convictions seriously as indicative of the harsh penalties associated with a first offense. Ensure you avoid an arrest, conviction, and punishment entirely by not getting behind the wheel if you are intoxicated, even if you question how you are feeling. Play it safe when it comes to your driving privileges and the safety of yourself and others.
Defend Your NM Prescription Drug DUI Charges
In some cases, local and state police may have violated your rights by arresting you for a prescription drug DUI in New Mexico without probable cause. As such, you may have options that make your case highly defensible.
Our experienced, knowledgeable DUI defense attorney at Grano Law Offices, P.C. holds NHTSA certifications in conducting DWI/DUI investigations, meaning we understand police tactics and rules. This training and skill will help you determine your legal options efficiently.
Schedule My Free Case Strategy Session Today
Find out how our legal team could achieve results for you. Call (505) 426-8711 or message us online to schedule a Free Case Strategy Session. Grano Law Offices, P.C. will get you the help you deserve at no cost or obligation.
