Can You Get a DUI for Prescription Drugs in Washington?

When people think of DUI charges, alcohol is usually the first thing that comes to mind. But in Washington State, you don’t need a drop of alcohol in your system to be arrested for driving under the influence. In fact, you can be charged with a DUI even if the only substances in your body are legally prescribed medications. Yes — you can get a DUI for taking prescription drugs in Washington. And these cases are more common than many people realize.

What the Law Says

Under RCW 46.61.502, Washington’s DUI statute makes it a crime to drive:

“While under the influence of or affected by intoxicating liquor, marijuana, or any drug.”

The phrase “any drug” includes:

  • Prescription medications
  • Over-the-counter drugs that cause drowsiness or impair judgment
  • Controlled substances taken lawfully or unlawfully

Whether it’s Ambien, Xanax, Oxycodone, muscle relaxants, or even Benadryl, if the drug impairs your ability to drive safely, you can be charged with DUI — even if it was taken exactly as prescribed by your doctor.

A valid prescription gives you the legal right to take a medication, but it does not give you the legal right to drive while impaired by that medication. The law does not distinguish between impairment caused by illegal substances and impairment caused by legally prescribed drugs.

The central question in a DUI case is not whether the drug was legally obtained — it’s whether the drug impaired your ability to safely operate a vehicle.

How Prescription Drug DUIs Are Investigated

Unlike alcohol-related DUIs, which are often based on a blood alcohol concentration (BAC) of 0.08% or higher, there is no “per se” legal limit for most prescription drugs. That makes these cases more subjective and more complex.

Prosecutors often rely on a combination of:

  • Observations from the arresting officer (e.g., erratic driving, slurred speech, slow reactions)
  • Field sobriety test results
  • Evaluations by Drug Recognition Experts (DREs)
  • Blood or urine test results showing the presence of medications

Even if the amount of the drug in your system is within a normal therapeutic range, you can still be charged if there is evidence that you’re driving was affected.

Common Scenarios

  • A driver recovering from surgery takes a prescribed painkiller and causes a collision.
  • A person legally using a sleep aid like Ambien is pulled over after swerving between lanes.
  • Someone takes a higher-than-usual dose of an anti-anxiety medication before driving.

In each of these scenarios, Washington law allows for DUI charges — regardless of whether the driver had a valid prescription.

Penalties for Prescription Drug DUIs

The penalties for a DUI involving prescription drugs are the same as for an alcohol-related DUI. They include:

  • Jail time or electronic home monitoring
  • Mandatory fines and court fees
  • Driver’s license suspension
  • Required attendance at DUI education or treatment programs
  • A permanent criminal record that can affect employment, housing, and insurance

For repeat offenses, the penalties increase significantly.

Why You Need an Experienced DUI Attorney

Defending a DUI charge involving prescription drugs requires a nuanced understanding of both the law and the pharmacological effects of medications. These cases are often built on subjective observations and require a strong legal strategy to challenge the government’s evidence.

At the Law Office of Erin Bradley McAleer, we know how to investigate these cases, identify weaknesses in the prosecution’s arguments, and build a strong defense for our clients. We understand how to protect your rights and limit the long-term consequences of a DUI charge.

If you’re taking medication — even under a doctor’s supervision — you need to be aware of how it might affect your driving. Washington law does not make exceptions for drivers impaired by prescription drugs. If you’ve been charged with DUI and believe the charges stem from your prescribed medication, you need experienced legal representation as soon as possible.

Contact the Law Office of Erin Bradley McAleer today for a free, confidential consultation. We’ll evaluate your case, explain your options, and fight to protect your future.