The human body is capable of adjusting to many unusual circumstances. People with chronic medical conditions learn to work around their functional limitations. Those in high-demand professions eventually acclimate to the intensity of their job tasks.
People who regularly take certain medications can slowly develop a tolerance to those substances. Over time, patients using different prescription medications may need to change their treatment or increase their dosage because the previous prescription no longer has the desired medical effects. As people develop a tolerance, they may cease experiencing the negative sides effects of their medications, such as drowsiness.
Patients may take for granted that they can drive on a medication when they have acclimated to it. Quite a few medications can potentially impact an individual’s ability to operate a motor vehicle. Some drivers end up arrested and charged with driving while intoxicated (DWI) based on prescription medication use. Is an established tolerance to a medication a potential defense in such scenarios?
There are no chemical limits for drugs
Those accused of an alcohol-related DWI may face allegations of either driving poorly or being over the legal limit. By establishing a chemical threshold for DWI prostitution, the state makes it easier to successfully charge motorists for drunk driving.
There are no chemical limits established for prescription medication or prohibited drugs. The state doesn’t need to show that the medication impaired the driver, only that they were under its influence. When prosecutors pursue drug-related DWI cases, the exact amount of the drug in a driver’s bloodstream has little bearing on the case.
In other words, a motorist who can establish that they have taken the same medication for years and no longer noticed any impairments usually cannot use their tolerance as part of a criminal defense strategy. Any detected amounts of substances known to affect driving ability or an admission of taking the medication can be grounds for DWI prosecution.
While a tolerance may not help people fight charges, there are other options available. Evaluating the circumstances leading to a DWI arrest can help people explore their options for a defense strategy. Those accused of drugged driving may need help responding to the charges they face so that they may avoid a conviction that could lead to jail and a driver’s license suspension.
