I was reading this story in the news:
http://www.thebaynet.com/news/index.cfm/fa/viewstory/story_ID/15371


and it actually raised a few questions - maybe someone can elaborate?

I looked up the drug that he had and it looks like some kind of ADHD or weight loss medication... I understand that it was scheduled, and that you are supposed to 'use caution' while driving when taking that (or anything scheduled I guess - ambien, vicodin, valium, whatever...)

But what if you are prescribed medication, like valium or something - and you take a low dose of it and it doesn't impair you in the least bit. I'll be honest, sometimes my nerves get bad and I do have medication if I need it - a very low dose. It doesn't make me drowsy, loopy, etc - I actually get more 'buzzed' off of a beer than my medicine.

Am I not supposed to drive on this stuff?? I know that if I was in an accident that was my fault that it could be used against me - but if you have a prescription, in a labeled bottle, can you still be charged with 'possession'?

Maybe I am reading it wrong, but I am wondering what the law is here. Obviously if the stuff impairs you then don't drive... but there isn't any fast, reliable way to tell how much medication someone has in their system during a traffic stop - not like you can do a breathalyzer for valium... :lol:

:popcorn:

and it actually raised a few questions - maybe someone can elaborate?

THis may help to answer your question, In the state of Maryland, you can be charged with DUI if they run a blood test and you are found to have Benadryl in your system. So I would say the answer is "yes" you will be held responsible for your medications.

I was reading this story in the news:
http://www.thebaynet.com/news/index.cfm/fa/viewstory/story_ID/15371


and it actually raised a few questions - maybe someone can elaborate?

I looked up the drug that he had and it looks like some kind of ADHD or weight loss medication... I understand that it was scheduled, and that you are supposed to 'use caution' while driving when taking that (or anything scheduled I guess - ambien, vicodin, valium, whatever...)

But what if you are prescribed medication, like valium or something - and you take a low dose of it and it doesn't impair you in the least bit. I'll be honest, sometimes my nerves get bad and I do have medication if I need it - a very low dose. It doesn't make me drowsy, loopy, etc - I actually get more 'buzzed' off of a beer than my medicine.

Am I not supposed to drive on this stuff?? I know that if I was in an accident that was my fault that it could be used against me - but if you have a prescription, in a labeled bottle, can you still be charged with 'possession'?

Maybe I am reading it wrong, but I am wondering what the law is here. Obviously if the stuff impairs you then don't drive... but there isn't any fast, reliable way to tell how much medication someone has in their system during a traffic stop - not like you can do a breathalyzer for valium... :lol:

:popcorn:



I didn't see where it says it was prescribed for him. My bet? It wasn't.

I believe you can be charged with *something* if you cause an accident or some such..but not possession..that would denote to me that it was illegally possessed...

THis may help to answer your question, In the state of Maryland, you can be charged with DUI if they run a blood test and you are found to have Benadryl in your system.

See, I could possibly understand that - benadryl makes me loopy :lol:

I guess my question is this - are the people who are constantly getting arrested for this stuff actually 'prescribed' this stuff, or is it like libertytyranny suggested - he wasn't prescribed the medicine and THAT was the big 'no-no' that caused the 'possesion' charge.

So being charged with possession implies that you aren't prescribed the medicine - right? If I go to the grocery store and take my valium with me, in the labeled bottle, even if I don't take any - is that 'possession' because I am technically 'in possession' of the medicine??

:confused:

See, I could possibly understand that - benadryl makes me loopy :lol:

I guess my question is this - are the people who are constantly getting arrested for this stuff actually 'prescribed' this stuff, or is it like libertytyranny suggested - he wasn't prescribed the medicine and THAT was the big 'no-no' that caused the 'possesion' charge.

So being charged with possession implies that you aren't prescribed the medicine - right? If I go to the grocery store and take my valium with me, in the labeled bottle, even if I don't take any - is that 'possession' because I am technically 'in possession' of the medicine??

:confused:
This is a completely different queston than the one I was trying to answer before...for this question I believe the issue is it was not prescribed to him. I believe if you were caught with it in your purse and could prove you had it legally, you'd be okay.

As for the original question, the doc that told hubby about antihistimines in the blood basically said any medication that is labled "May cause drowsiness... don't drive, use heavy machinary, etc. etc." could be used against you if you have it in your system and are in an accident or pulled over for suspicion of DUI.

Found this... "Maryland DUI Law, Transportation Article 21-902(c)This section deals with the use of drugs, prescribed or otherwise and driving. Needless to say, one cannot ingest illicit drugs and drive an automobile on Maryland's roads. However, a lesser known fact is that one cannot ingest prescribed medications, be under the influence of that medication and then drive a vehicle. If a Maryland driver is taking Valium, as prescribed and is stopped for being under the influence or causing an accident, the fact that the drug was prescribed to that person is not a defense in the resulting charges."

Maryland Drunk Driving Lawyer :: Reasonable Articulable Suspicion and Other traffic infractions :: Maryland DWI Attorney (http://www.mddwi.com/lawyer-attorney-1136318.html)

:lol: The banner at the bottom of the page:

This man is 5'10" & 180lbs, I doubt that he was in possession of his own diet pills. Considering the multitude of charges he was using this medication for an "alternate" use.

To answer the question you can be charged with "under the influence" of any type of medication, prescribed or not. Especially if you are at fault in an accident.

Found this... "Maryland DUI Law, Transportation Article 21-902(c)This section deals with the use of drugs, prescribed or otherwise and driving. Needless to say, one cannot ingest illicit drugs and drive an automobile on Maryland's roads. However, a lesser known fact is that one cannot ingest prescribed medications, be under the influence of that medication and then drive a vehicle. If a Maryland driver is taking Valium, as prescribed and is stopped for being under the influence or causing an accident, the fact that the drug was prescribed to that person is not a defense in the resulting charges."

Maryland Drunk Driving Lawyer :: Reasonable Articulable Suspicion and Other traffic infractions :: Maryland DWI Attorney (http://www.mddwi.com/lawyer-attorney-1136318.html)

That's what I thought and I would add if you need valium to drive you probably should not be driving.

Found this... "Maryland DUI Law, Transportation Article 21-902(c)This section deals with the use of drugs, prescribed or otherwise and driving. Needless to say, one cannot ingest illicit drugs and drive an automobile on Maryland's roads. However, a lesser known fact is that one cannot ingest prescribed medications, be under the influence of that medication and then drive a vehicle. If a Maryland driver is taking Valium, as prescribed and is stopped for being under the influence or causing an accident, the fact that the drug was prescribed to that person is not a defense in the resulting charges."

Maryland Drunk Driving Lawyer :: Reasonable Articulable Suspicion and Other traffic infractions :: Maryland DWI Attorney (http://www.mddwi.com/lawyer-attorney-1136318.html)

Makes sense to me. :shrug:

There was a guy up in Frederick a few years ago who had epilepsy but refused to be medically treated for it because he was afraid the state would revoke his driver's license if it went on record. He ended up having a seizure while driving and killed a man and his sons.

People show over and over that they're too stupid and selfish to police themselves and refrain from endangering others with their behavior. That's why we have to have laws like this.

I was reading this story in the news:
http://www.thebaynet.com/news/index.cfm/fa/viewstory/story_ID/15371


and it actually raised a few questions - maybe someone can elaborate?

I looked up the drug that he had and it looks like some kind of ADHD or weight loss medication... I understand that it was scheduled, and that you are supposed to 'use caution' while driving when taking that (or anything scheduled I guess - ambien, vicodin, valium, whatever...)

But what if you are prescribed medication, like valium or something - and you take a low dose of it and it doesn't impair you in the least bit. I'll be honest, sometimes my nerves get bad and I do have medication if I need it - a very low dose. It doesn't make me drowsy, loopy, etc - I actually get more 'buzzed' off of a beer than my medicine.

Am I not supposed to drive on this stuff?? I know that if I was in an accident that was my fault that it could be used against me - but if you have a prescription, in a labeled bottle, can you still be charged with 'possession'?

Maybe I am reading it wrong, but I am wondering what the law is here. Obviously if the stuff impairs you then don't drive... but there isn't any fast, reliable way to tell how much medication someone has in their system during a traffic stop - not like you can do a breathalyzer for valium... :lol:

:popcorn:

Driving while asleep would concern me.

I was reading this story in the news:
http://www.thebaynet.com/news/index.cfm/fa/viewstory/story_ID/15371


and it actually raised a few questions - maybe someone can elaborate?

I looked up the drug that he had and it looks like some kind of ADHD or weight loss medication... I understand that it was scheduled, and that you are supposed to 'use caution' while driving when taking that (or anything scheduled I guess - ambien, vicodin, valium, whatever...)

But what if you are prescribed medication, like valium or something - and you take a low dose of it and it doesn't impair you in the least bit. I'll be honest, sometimes my nerves get bad and I do have medication if I need it - a very low dose. It doesn't make me drowsy, loopy, etc - I actually get more 'buzzed' off of a beer than my medicine.

Am I not supposed to drive on this stuff?? I know that if I was in an accident that was my fault that it could be used against me - but if you have a prescription, in a labeled bottle, can you still be charged with 'possession'?

Maybe I am reading it wrong, but I am wondering what the law is here. Obviously if the stuff impairs you then don't drive... but there isn't any fast, reliable way to tell how much medication someone has in their system during a traffic stop - not like you can do a breathalyzer for valium... :lol:

:popcorn:

Any medication could impair anyone. The key word is impair. If you take medication for your anxiety and you function normally then you are probably not impaired. Standard Field Sobriety tests/SFSTs would be used to determine "impairment". An intoximeter would be used to determine alcohol levels in your system/blood BAC. In most states .08 BAC and above is considered PER SE. In other words your intoxicated regardless of your ability to drive and perform tests etc. base on that determined level of .08. That is what NHSTA has determined to the magic number.

On occasion some are arrested for their impairment due to drugs legal or not. SFST are used on them also and most likely a Drug recogintion expert/DRE who is trained in the detection of classes of drugs and can help determine impairment.

The bottom line is many people take medication that could impair them. That does not mean it will or does. If you don't think yours does then you should feel free to drive responsibly. :buddies:

Any medication could impair anyone. The key word is impair. If you take medication for your anxiety and you function normally then you are probably not impaired. Standard Field Sobriety tests/SFSTs would be used to determine "impairment". An intoximeter would be used to determine alcohol levels in your system/blood BAC. In most states .08 BAC and above is considered PER SE. In other words your intoxicated regardless of your ability to drive and perform tests etc. base on that determined level of .08. That is what NHSTA has determined to the magic number.

On occasion some are arrested for their impairment due to drugs legal or not. SFST are used on them also and most likely a Drug recogintion expert/DRE who is trained in the detection of classes of drugs and can help determine impairment.

The bottom line is many people take medication that could impair them. That does not mean it will or does. If you don't think yours does then you should feel free to drive responsibly. :buddies:

THANK YOU!!!! This is exactly the answer I was looking for... I was just wondering if you DO take your medicine responsibly, and it is prescribed to you and you are not imparied at all, how would they 'fault' you (unless you cause an accident - that I can understand).

I don't need valium to drive :lol: I rarely need it at all - but I do 'have' it in case I need it, and I have taken it before without any side effects.

Obviously most people that get 'caught' with prescriptions are driving erratically. A normal stop for speeding or having a headlight out wouldn't warrant a 'search' of the car and lead to the officer finding a bottle of valium I suppose.

I just threw ambien in there because I know it is scheduled... I can't imagine ANYONE driving when taking that stuff!! :lol:

I guess there are just a lot of people out there that take medicine that isn't prescribed to them and then have the stupidity to take it with them in the car.

Most medicines don't say 'do NOT operate machinery' on their instructions... they say to 'take caution' when operating machinery... meaning that you can do it as long as the medicine doesn't affect you in a negative way, right? :confused: Obviously if you cause an accident then you are at fault and it would come into play - but it isn't inherently 'illegal' to get behind the wheel and drive when taking medicine, right? It isn't like alcohol where there is a legal limit or anything... :popcorn:

Thanks to everyone that has given info... I haven't been stopped in 12 years and I'm not about to break my record anytime soon, so I'm just curious... :coffee: