Thousands of people across Florida take prescription medication on a daily basis. In addition, many of those people get behind the wheel and drive. Most of the time driving while taking a prescription medication is perfectly acceptable. However, there are many medications that have significant side effects and may impair an individual’s normal faculties. Normal faculties are an individual’s ability to walk, talk, judge distances, etc.
Examples of some medications that may impair an individual’s faculties include, but are not limited to pain medications, anti-anxiety medications, muscle relaxers. It is important that when prescribed a prescription medication that you discuss the side effects of the medication with your doctor and pharmacist. Your health care provider may advise you to avoid driving while on certain medications or to wait until you become accustomed to the medication before you start driving. Make sure that you discuss all medication and the potential side effects with your medical care providers before you operate a motor vehicle.
Driving while under the influence of a prescription medication that impairs your normal faculties could lead to severe legal and monetary consequences.
First, an individual driving under the influence of prescription medication to the extent their normal faculties are impaired could be charged with DUI. Under Florida Statute 316.193:
(1) A person is guilty of the offense of driving under the influence and is subject to punishment as provided in subsection (2) if the person is driving or in actual physical control of a vehicle within this state and:
(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;
Many prescription medications are included in the substances enumerated in sections 877.111 and 893 of the Florida Statutes.
Second, if an individual is involved in a motor vehicle accident and that individual is under the influence of certain prescription medications, that individual could be found to be at fault (or partially at fault) for the motor vehicle accident because of the effects of the prescription medication. In determining fault for a motor vehicle accident, an individual need not be intoxicated, that individual could just be suffering from side effects of that medication. If the side effects from the prescription medication contributed to the cause of the motor vehicle accident, then that individual could be determined to be at fault (or partially at fault) for the accident.
If you or a loved one were injured as a result of an impaired driver, please contact the trial attorneys at Thacker and Mulvihill, PLLC for a free consultation.