There are three separate issues being discussed here. I have experience in both law enforcement and the criminal justice court system. I am very concerned that there may be confusion on the part of our members as to these issues. We are a unique community, due to the fact that our daily lives are made possible by powerful pain, anti-seizure and other medications. I hope the following will educate our members about the legalities of our prescription medication use in the United States.
1. Possession of a Controlled Substance.
2. Driving Under the Influence of a Controlled Substance.
1. Possession of a Controlled Substance is a charge that is made when someone is found to be in possession of illegal drugs or controlled medication(s) that were not prescribed to them. It does not apply to people who are in possession of controlled medication that was prescribed to that person. However, the law states that a controlled medication MUST be carried in the original pharmacy issued container.
There was a comment made on a discussion here that one of our members was advised by a police officer that since she was carrying her medication in a plastic pill planner, she should carry with her the paperwork receipt from the pharmacy. BUT, having paper documentation proving that the medications you are carrying were prescribed to you, does not give you a free pass. Every police officer is different. Some are compassionate and some go by the strict letter of the law. So please, understand that if you are not carrying your medications in the containers they came in - you are breaking the law. Period.
2. Driving Under the Influence of a Controlled Substance is not "forgiven" if you have a legal prescription. Anyone who is judged to be impared by a law enforcement officer can be arrested and charged with DUI. It doesn't matter if you have been on a medication for a long time and feel that your system has adjusted to it's effects. It doesn't matter if you have proof that you have been legally prescribed the medication.
If you are driving with controlled medication in your system, you are taking a chance. If you voluntarily or involuntarily take a blood test and are found to have controlled medication in your system you can be charged. Period.
3. DUI or DWI is Driving Under the Influence of Alcohol. Everyone should know that we, as facial pain patients, have to consider that drinking while taking medication can intensify the effects of both the medication and the alcohol, making it even more dangerous.
Gloria: You are most correct. That is the extact same advice that I was given by a lawyer not over a month ago. He was oncerned that if I was stopped while driving, that I would be charged with DUI even with the drugs in a proper bottle. As a side note, I quit driving about 2 months before the onset of the TN due to my lowered vision. This is a real problem for all here.
Gloria, I am so glad to see your posting. I have been saying the same thing for years to TN patients
I know who are still driving and no one seems to believe me.
I stopped driving 3 years ago voluntarily as the
Tegretol and Lyrica was making me 'loopy' and there was no way I was going to take
A chance. I am still off work on LTD because of it as my boss
Told me that I would be considered 'impaired'
and could not work on site (my hubby and my boss
Were both police officers so they would know.)
As long as I am taking this medication (1,000 mg a.day) I
Cannot return to work. Something to think about!
Bonnie
Jerry said:
Gloria: You are most correct. That is the excate same advise that I was given by a lawyer not over a month ago. He was concerned that if I was stopped while driving, that I would be charged with DUI even with the drugs in a proper bottle. As a side note, I quite driving about 2 months before the onset of the TN due to my lowered vision. This is a real problem for all here.
Bonnie, I have a police officer here at home myself. You understand. It's something that needs to be brought to everyone's attention. If I have to drive - I don't take my meds. If I have to take my meds - I find someone else to drive.
Bonnie Gray said:
Gloria, I am so glad to see your posting. I have Been saying the same thing for years to TN patients I know who are still driving and no one seems to believe me. I stopped driving 3 years ago voluntarily as the Tegretol and Lyrica was making me 'loopy' and there was no way I was going to take A chance. I am still off work on LTD because of it as my boss Told me that I would be considered 'impaired' and could not work on site (my hubby and my boss Were both police officers so they would know.) As long as I am taking this medication (1,000 mg a.day) I Cannot return to work. Something to think about!
Bonnie
Jerry said:
Gloria: You are most correct. That is the excate same advise that I was given by a lawyer not over a month ago. He was concerned that if I was stopped while driving, that I would be charged with DUI even with the drugs in a proper bottle. As a side note, I quite driving about 2 months before the onset of the TN due to my lowered vision. This is a real problem for all here.
In Australia, I imagine our laws are pretty much exactly the same. However I was recently told of a loophole - but one that could still end with your drivers license being revoked. It is called Jets law, but if you take a lot of medication and some that may possibly impair your ability to drive safely, you are able to obtain a statement by your prescribing doctor as to your ability to drive - or limits he would impose on your driving, which you then take to the Department of Transport who issue our licenses and this information is attached to your record, then is accessible by Police officers should you be pulled over. Jets Law indicates that you can only do the driving your doctor indicates you can do so safely. I don't know the specifics of the details the doctor must impart as I haven't been required to do so as yet. But it is of vital importance Gloria - I imagine similar laws would be in effect in most countries. Good article!
In Australia, I imagine our laws are pretty much exactly the same. However I was recently told of a loophole - but one that could still end with your drivers license being revoked. It is called Jets law, but if you take a lot of medication and some that may possibly impair your ability to drive safely, you are able to obtain a statement by your prescribing doctor as to your ability to drive - or limits he would impose on your driving, which you then take to the Department of Transport who issue our licenses and this information is attached to your record, then is accessible by Police officers should you be pulled over. Jets Law indicates that you can only do the driving your doctor indicates you can do so safely. I don't know the specifics of the details the doctor must impart as I haven't been required to do so as yet. But it is of vital importance Gloria - I imagine similar laws would be in effect in most countries. Good article!
This is interesting as to what would class you as as being under the influence by means of prescription meds, There are certainly a lot of em that come with the " do not opperate heavy machinery" warnings but my impression is that once they settle in your system you can carry on driving, how that would fair in a court if a blood sample was required after an accident I don't know, I imagine you would have full liability and wouldn't be covered by insurance.
I don't know how the law views it here, and there are most certainly conditions that the DVLA will revoke/temporarilly revoke your licence for etc.
For me; I don't have a licence anyway and with the neuralgia, being as unpredictable as it is, I've taken the decision that I amn't going to learn either. When I have an attack, it leaves me paralysed and I can't do a thing until it passes, if that were to happen to me behind a wheel....... well it doesn't bear thinking about, so I just choose not to put myself in that position.
I don't take a chance and don't drive anymore at all. I am now up to 1,600 - 1,800 mg. of Tegretol a day, plus Lyrica and Pristiq. It's voluntary on my part, and my Dr. hasn't taken my license away but I would like everyone here to think about this:
If you feel "loopy", "dizzy" and "out of it" just walking around your home, what makes you think you can drive safely and not have an accident? What if you injured, or worse, killed someone? Is that worth the risk to you? Not me! I have great friends who pick me up and drive me anywhere I need to go. If I didn't, I'd take a cab or the bus. Think about it. "Impaired" means by alcohol or drugs, including prescription medication.
I think this is one of our "dirty little secret" subjects that a lot of members need to think about. Being impaired is subjective and if a police officer has reason to believe that you are impaired due to medications, having a prescription will not give you a free pass in the court system.
It's unfortunate that we have to be on so many powerful medications, but with this condition it's a fact of life. What some TN patients don't take into consideration is that some of these meds may never "settle into our systems" to the point where we can drive safely. Our opinions may be clouded by the need to drive, but please remember whenever you make that choice something tragic could happen.
I've made it my policy that if I have to drive, then I wait to take my meds when I get home. It may cause a flare, but dealing with the extra pain is preferable to landing in jail, where you won't be allowed strong pain meds. Some jail systems don't stock strong pain meds for inmates who have prescriptions and can prove it. You would just have to tough it out until you bonded out or were released. There's too many unknowns to people with chronic pain conditions regarding DUI...and if you make the choice you're taking a risk.
I applaud those of you who have made the decison to not drive due to medications. It's a huge inconvinience, but can save you a lot of grief in the long run.
I totally applaud your decision to not take your drugs if you have to drive, and I'm not trying to split hairs, but with the meds that all of us take they do build up in our livers/bloodstream to have a sustainable ,constant level in our system to keep the pain at bay, so albeit that you wouldn't have any fast release stuff in your system at a highter level,the levels of previous doses would still be visible in your blood work anyway I would have thought? I guess it would depend on the meds you take and the time it takes for them to be metabolised.
So although cognitively you may not feel the impairment, legally it may not make the blindest difference if it came to blood tests and the meds showed there anyway, just a thought? Maybe I'm talking nonsense, but it might something to look at a little further, just incase ( and God forbid) an accident occurred if you would be covered by insurance etc or if you could still be charged with DUI anyway.
I was stopped twice. The weather in Fla wouldnt allow my eyes to focus properly, A tissue shortage was causing closure. It wasnt the meds. I dont drive very much as the lids are being repaired. If they would have given me a blood test, I would have been in jail. This entite topic is extremely important and I am glad that it has come up. If I drive 5 blocks, thats it. I am really afraid.
I take 800 mg of tegritol a day along with 60 mg of morphine and it does not make me loopy and in no way impairs my driving skills.however I always have been concerned about driving with my prescription bottles with me for that exact reason. What ii do is only take enough for one dose with me in case I get pulled over I would eat them right then and there so there would be no reason for them to even question anything.
Is there a link you could attach that has all of these laws stated so that I can read it and forward it to a friend? I have been told different by the DMV as well as police officers, insurance agents AND doctors, so now I am really confused. I'd like to know if they were wrong- I don't want to break the law! Yikes... Thanks so much!
Ok, so this is also why I am confused... This article explains that even OTC allergy meds, Bp meds, etc can lead to a DUI... Even "uppers" are mentioned, which seems to blur the lines between energy drinks and diet pills ... Where is the line drawn?
Old horse I know you think it does not make you loopy but you are impared. The slower reaction time and if you space out even for just a second could cause you to miss a child on a bike or crossing a street. Been there done that with my lowered vision. Meds make it far worse. not going to drive unless lives depend on it and then will drive like the little old man I am.
jerry said:
I take 800 mg of tegritol a day along with 60 mg of morphine and it does not make me loopy and in no way impairs my driving skills.however I always have been concerned about driving with my prescription bottles with me for that exact reason. What ii do is only take enough for one dose with me in case I get pulled over I would eat them right then and there so there would be no reason for them to even question anything.
I'm afraid there's no single link that can answer your questions. Each state, county and city is different and each police officer and judge is different. The issue is very tricky because of this. It all depends on a judgement by a police officer and his or her determination of your driving abilities. Then it goes to court and each prosecuting attorney and judge are then making decisions based on the police officer's report and testimony. There's no way to know what the outcome will be.
This is why this discusssion is so important, because most people are under the assumption that if you're on medication prescribed by a doctor then you are safe from prosecution, which is not true.
Thank you for your contribution to this subject.
bhamilton320 said:
Hello,
Is there a link you could attach that has all of these laws stated so that I can read it and forward it to a friend? I have been told different by the DMV as well as police officers, insurance agents AND doctors, so now I am really confused. I'd like to know if they were wrong- I don't want to break the law! Yikes... Thanks so much!
That's the problem...no one knows where the line is drawn with either prescribed or over the counter medications. Everyone reacts differently to medications and combinations of medications. It's a question that really can't be answered, unfortunately.
bhamilton320 said:
Ok, so this is also why I am confused... This article explains that even OTC allergy meds, Bp meds, etc can lead to a DUI... Even "uppers" are mentioned, which seems to blur the lines between energy drinks and diet pills ... Where is the line drawn?
Lots of discussion on the driving issue, but I see the medication packing as a big issue too. I take all my pills and put them in those 7 day weekly plastic containers. I know my local pharmacist will bubble package pills if you ask. That IS original pharmacy packaging. That might be a better idea, especially when travelling.
Thank you for giving such a great explanation of the law. I am a Police Officer, and a TN patient. I occasionally fill in as the Supervisor in the DWI testing and arrest processing area of our department. I cannot tell you how often people are taking a strong medication that impairs their ability but since it is prescribed to them, they drive. Alcohol is legal, but if it impairs your judgement to drive then you should not be behind the wheel, the same goes for prescription drugs.