Virginia DUIs and Prescription Drugs: What Drivers Should Know

Written by: Collin Crookenden

Just before Rory McIlroy won his second Masters championship, Tiger Woods re-entered the public conversation with another rollover crash close to his home in Florida. There are a lot of individuals claiming that Tiger should not be charged with a DUI because he blew .000 on the breath test, and the only drugs located were prescription medications. We cannot comment on Florida law, but the criminal team here at Vanderpool, Frostick & Nishanian is well-versed in Virginia DUI and reckless driving prosecution and defense.

DUIs in Virginia: It’s not just about alcohol

In Virginia, the Commonwealth must prove that a medication impairs your ability to drive, but the statute is broad. Prescription drugs absolutely qualify. The Commonwealth must prove that the medication impairs your ability to drive, but DUIs definitively include any “self-administered intoxicant or drug of whatsoever nature.” These are commonly referred to as DUIDs (Driving Under the Influence of Drugs), and they are often heard on specific dockets in Northern Virginia called “Blood Dockets” where a Forensic Toxicologist is present to testify as to the impacts of specific drugs on the human body.

Reckless Driving

Virginia’s reckless driving statute covers any situation where a person drives in a manner that endangers “the life, limb, or property of any person.” That includes your own. Rolling your vehicle in otherwise normal traffic conditions could be enough for a judge to find that your property or life was endangered, even without another car involved. The right defense attorney can make all the difference in how that determination goes.

If you are facing serious traffic charges in Virginia, make sure you have a team that understands the intricacies of DUI prosecution and knows how to effectively cross-examine the toxicologists or expert witnesses the Commonwealth presents. Contact Collin Crookenden today to schedule a consultation with our appellate specialist.

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer