Most people assume that an Operating While Intoxicated (OWI) charge only applies to alcohol or illegal drugs, but in Iowa, even legally prescribed drugs can lead to harsh penalties. If they compromise your ability to safely navigate the roadways, you can face a conviction. Please continue reading to learn the potential consequences for a prescription drug OWI and how a skilled Des Moines OWI Lawyer can protect your rights.
Can I Get an OWI for Driving While Taking Prescription Medication?
Contrary to popular belief, despite having a valid prescription, you can still be charged with an Operating While Intoxicated (OWI) in Iowa for driving under the influence of an illicit substance. Iowa law strictly prohibits operating a motor vehicle while impaired by a substance, including prescribed medications.
What Are the Potential Consequences?
In Iowa, an OWI charge involving prescription drugs carries harsh penalties similar to alcohol-related offenses. The key consequences include:
- Even a first-offense conviction is classified as a serious misdemeanor, punishable by 48 hours to 1 year behind bars and fines ranging from $625 to $1,250.
- An OWI conviction for prescription drugs typically results in a 180-day license revocation. It should be noted that refusing chemical testing automatically leads to a one-year revocation.
- Iowa courts usually require completion of a substance abuse education course or rehabilitation.
How Can I Protect Myself If I Take Prescription Medications and Drive?
It is crucial to understand that more than half of all adults in the United States regularly take prescribed drugs. If you are taking prescription medications and you operate a motor vehicle, it is advisable to read all warning labels like “ Do not operate heavy machinery” and speak to your physician about potential side effects that could affect your ability to drive safely.
As long as you strictly complied with medical advice and took reasonable precautions, a Des Moines OWI lawyer can argue that you were not reckless while behind the wheel and that the state cannot demonstrate that you were legally impaired.
If you have been pulled over while taking prescription medications, be polite, but decline to answer detailed questions until you have had the opportunity to speak with a lawyer. If you are placed under arrest, exercise your right to remain silent and request legal counsel imemdiately, without arguing or resisting.
When you are facing an OWI charge as a result of prescription drugs, it is in your best interest to contact an attorney at Herting Law, PLLC. Our legal team will fight for the best possible outcome given the unique circumstances of your case. Reach out to our firm today to schedule a consultation.
