You can still get a DUI even if the drugs are legal
Driving under the influence of any drug is illegal even if the drugs are legal and were obtained with a prescription, medical marijuana card or purchased over the counter. If your medication reduces your ability to safely operate a motor vehicle, you can be arrested for DUI. Law enforcement agencies have trained Drug Recognition Experts to identify drivers impaired by drugs. DRE evaluations occur after a driver has been arrested for DUI and the reason for the impairment is not obvious. However, DRE evaluations are voluntary just like performing roadside maneuvers.
Even though the prescription medication may not reduce your physical and/or mental faculties to safely operate a motor vehicle, consuming alcohol with the medication may alter your physical behavior and appearance.
Regardless of the substance, the legal question is still whether your driving was impaired or not and what are the indications of impairment. There is no "per se illegal limit" for drugs like alcohol (.080). Therefore, all aspects of your arrest must be examined: driving behavior, physical behavior and appearance, statements, roadside maneuvers and chemical test results. If you are arrested while driving with prescription medication, you must use all the defense tools available to protect your driving privilege and your health.
If this is your first DUI arrest, see my Five Immediate Steps to Take upon Receiving a DUI Ticket.
Call me immediately (970-871-7400) to discuss your questions, needs and how I can help you in this trying time.
"Over the last fourteen years, I have tried more jury trials than any practicing attorney in the 14th Judicial District (Routt County, Moffat County, and Grand County Colorado including Steamboat Springs, Craig, and Hot Sulphur Springs) with consistent success."
-- Larry D. Combs