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Can you get a DUI/OVI if you are taking lawfully prescribed medication?

The short answer is absolutely YES!

When you are prescribed medication by licensed physicians they are required to warn you of potential side effects and dangers associated with taking the specific drug.  Often times the prescription bottle has a sticker affixed that warns the user that the drug may make you drowsy/dizzy and to use care with car/machines. 

Ohio DUI/OVI is what is called a strict liability offense.  Essentially, what this means is that you may not argue that you were just following your doctor's advice.  Ohio courts have held that whether an offender took medication prescribed to him or ingested an illegal drug bought off the street is irrelevant. 

The question becomes whether your ability to operate a motor vehicle was impaired as a result of being under the influence.  This determination is made taking into consideration common-sense observations, field sobriety tests, breath, blood, urine, or hair tests determining the amount of drug/s in an offender's system.  So if you believe the drug you are prescribed tends to deprive you of the clearness of intellect and control of oneself that you would otherwise possess DON'T DRIVE.

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