Is driving under the influence of prescription drugs legal?

[Egalitariat]

I've seen where Patrick Kennedy's "defense" regarding his behavior yesterday has been (more or less): "Yeah, I was fucked up and driving my car, but it was prescription drugs and not alcohol".

Does that mean it's OK to drive while fucked up on prescription drugs? But it's illegal to drive while fucked up on alcohol?

I've never heard that before.

[dsc]

1. I would imagine it depends on the state

but the penalty would either be much less or it would likely be legal. Kennedy would be on the hook for the accident but likely nothing else.

[spindrifter]

2. Most places if you are impaired

you cannot drive, whether it's a prescription drug or something from the street pharmacopeia. That's one of the reason that a lot of "drug" packaging gives the warning "May cause drowsiness."

[GregD]

3. Driving impaired is illegal in CA,

regardless of legal medication or illegal drugs or ...

[NYC]

4. From what I heard, he has immunity because

he was (or believed he was) driving to a congressional vote.

I'm not kidding. That's what I heard on the radio this morning.

[TahitiNut]

13. U.S. Constitution, Article I, Section 6 ...

"Section 6. The Senators and Representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and returning from the same; and for any speech or debate in either House, they shall not be questioned in any other place.

No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time: and no person holding any office under the United States, shall be a member of either House during his continuance in office. "

http://www.law.cornell.edu/constitution/constitution.articlei.html#section6

[NYC]

16. Thanks.

:hi:

[TahitiNut]

17. Soitenly.

:hi:

[Toots]

36. The second part which you didn't make bold is also interesting

How could Goss take over the CIA?
No Senator or Representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States

[kikiek]

5. Sounds like he was sleep driving on Ambien.

[madrchsod]

6. i`d bet my last dollar ,if i had one,

that more people drive impaired by drugs than alcohol

[GrumpyGreg]

7. No,it's not legal in most states . You are still impaired and most

prescriptions warn you about it.



His claim is that he didn't know that these 2 medications,when taken together, would cause a bad reaction. That may make a difference.


Alcohol would make it worse,but who knows if he had any.

[raysr]

8. How long was Limbaugh hooked

on Oxy? Some years? You can bet that every time he got behind the wheel he was fucked up, every time!

[Warpy]

9. NO! If you fail a field sobriety test due to drugs for which you have

a legal prescription, you can still get nailed for DUI.

That's why those labels on some of those pill bottles say "Do NOT operate heavy machinery." They mean it.

The cops don't respect prescription labels if you're not driving safely, and neither do the courts.

[Humor_In_Cuneiform]

19. It doesn't even have to be prescription drugs, but ANY drugs including OTC

over the counter if they have the effect of impairing your ability to drive properly.

[Metta]

10. Legally, you have to be in control of your vehicle at all times.

I think the "out" with drugs is that they have unintended side effects whereas alcohol is predictable and defenseless.

[niyad]

11. ever heard of "ambien zombies" and the srange behaviour, including

sleepwalking, sleep eating, and sleep driving.

[OPERATIONMINDCRIME]

21. Very Very Rare.

It has happened to a very rare few, and it would probably be coincidence of the year if that alone was the cause of this.

And do you know what drug he checked himself into rehab for? Maybe that one had something to do with it?

[converted_democrat]

26. I really don't think it's as "rare" as the drug manufacturer would lead

you to believe.. My Doc gave me a trial pack (7 days) when we found out my SO's father was terminal with Melanoma. (I was a basket case and couldn't sleep.) The first 4 times I took it I had no problem. The fifth night I took it, I woke up at 6 something in the morning on my back porch. I had been sleeping on my picnic table.. I have no idea how I got there, and I don't know how long I had been there.. (My SO went to bed at 1:00 after Leno, and when he went to bed I was already in bed, but we don't know what time I actually got up.) I had mosquito bites all over me, and I was completely disoriented.. I called my Doc that morning, and he said he had 3 other patients that had awoken in weird circumstances besides me, and could no longer just think of it as a fluke.. I ended up flushing the rest of my trial pack just to be safe..

I don't think it's as uncommon as many think.. Last night they were talking about the hundreds of traffic incidents that have been attributed to it, and the people that were "sleep eating." They had on dozens of people talking about it, and what crazy shit they did that they couldn't remember.. My Doc didn't get specific, but he knew of 3 other people in his care that had had problems similar to mine. (I guess he couldn't tell me what happened to them specifically because of doctor patient confidentiality, but he said the situations were similar to mine..) Barbra Walters told her story about what happened to her while she was on it on the View, and it really shook her up. It was either 60 minutes or 20/20 that did a piece on it a few moths back, and they had many people on explaining what had happened to them while on it, and there were a bunch of them.. I don't think it's nearly as rare as people think it is..

edited to add some links..

http://www.washingtonpost.com/wp-dyn/content/article/2006/03/13/AR2006031301317_pf.html

http://www.cbsnews.com/stories/2006/03/15/earlyshow/health/health_news/main1404632.shtml

http://www.nytimes.com/2006/03/08/business/08ambien.html?ex=1299474000&en=17cf99894f297014&ei=5088&partner=rssnyt&emc=rss

http://www.msnbc.msn.com/id/11726645/
-------

DU discussion on it from awhile back..

http://www.democraticunderground.com/discuss/duboard.php?az=show_topic&forum=364&topic_id=619614

[dogday]

30. You are right it isn't rare....

The fact that he told police he had to vote, makes me think his sub-conscience had kicked in from a dream state and that it was so intense, that he acted upon it in his sleep... I would think the combination of Ambien and Phenergan would cause this, plus if he did have any additional drugs, it would of increased the probability of this awake/dreaming state. He was so sedated, he could not wake up... It happens, especially when the drugs are abused.. We don't know the quantities either... If he is abusing drugs, he could of taken more than the Dr. prescribed and that can cause all kinds of things to occur....

[converted_democrat]

33. When it happened to me, I took it according to the instructions,

and I didn't drink with it.. I don't think it's all that rare, and it scares me that the FDA would let something like that come to market in the first place..

[dogday]

35. Yes they allow a drug like Ambien

while denying the medical properties of weed... It is time to hold them accountable... Who is minding the store??? They keep killing us with their so-called FDA approved medications.....

[EC]

12. He said he got out of bed and drove,

and couldn't remember doing it...To me it sounds like sleep walking type deal, Ambien already has been proven as making people binge eat while sleeping...I'm thinkin it makes you act out your normal routine, but the internal clock is screwed up...and Ambien is a Washington D.C. miracle drug...Colin Powell even praised it, saying everyone uses it...So, I guess it is legal...by the way, on the commercials for Ambien they tell you not to drive after taking it and I always wondered what kind of idiot would take a sleep aid and then drive...I guess it would be someone in a blackout from the drug, rather comatose, not asleep...

[slaveplanet]

14. DC law is extremely complex

when it comes to DUI/DWI

to give you an idea here's a dedicated web page:
http://www.dcdwi.com/


The District's DWI / DUI law is surprisingly complicated. The law occupies several pages of the D.C. Code. Conversely, the law outlawing murder is a mere sentence! It also involves proceedings in both the Superior Court and the DMV.

Washington, D.C. cases can involve constitutional issues, statutory construction issues, scientific issues, and factual issues.

This site is designed to give you an overview of D.C. DWI / DUI law. Do not rely on it for legal advice. Every case is different depending on the facts. Be sure to consult a lawyer for your specific case.

This page will not tell you how to “get off” of a DWI or DUI in the future. There is only one 100% way to avoid a DWI conviction -- don’t drink and drive. This means, do not even have one beer before getting behind the wheel of an automobile. Washington, D.C. is one of the few jurisdictions with an effective zero tolerance law. The laws in Washington, D.C. are extremely strict; and a conviction will result in very harsh punishment. It is just not worth it.

As far as I can tell from thumbing through DC code, It doesn't mention DUID but it implies that it falls under regular DUI code, there is mention of a chemical test. There are lots of rules about having to submit to tests, and as far as I can tell; A test is mandatory if there's an accident(by force if necessary).

The problem is...by constitution,(as in...the police officer would be in big trouble if they even tried)this rule does not apply to representatives,
as an accident is a civil matter and not a felony. If he were to flee the scene that may be a different story.

This is why the Capitol police Sergeants stepped in and dismissed the witnessing officers, then drove him home.

[loyalsister]

15. legalities aside

There are usually warnings on the labels and offered by doctors. Additionally, the person should have some sense of how the prescriptions make them feel.
With that information, they should make they most responsible decision they can.
It's not necessarily illegal to "drive when tired." However, it is not very responsible to drive if one has been up 36 hours straight, because some impairment is predictible.

[kikiek]

24. I gathered from his press conference that is exactly why he is going back.

It isn't that he is abusing pain meds again. He recognizes that there is a problem with his using the sleeping pills, and with his history needs help stopping them. Sounds like this was the 2nd incident. He sounds like a very intelligent person to me.

[Humor_In_Cuneiform]

18. It isn't in Arizona. It counts exactly the same as driving under

the influence of alcohol or it used to.

I once got a ticket and I was quite sure I was impacted by some OTC (over the counter) antihistamine while I was driving.

It was very late at night, no traffic, so my illegal left turn didn't put anyone in danger. I had gotten up after going to bed and went out to buy some food at a convenience store.

And I didn't mention to the officer about the medication, but later checked into it (like at driving school I went to keep it from adding points to my record) and found out that any substance that impairs your ability to drive (prescription, illegal, or even over the counter medications, etc) is or was treated the same.

BTW, I have a very clean driving and every other kind of record.

[OPERATIONMINDCRIME]

20. It Is Never Legal To Drive Impaired From Any Substance, Prescribed Or Not.

There are even laws now against driving sleepy.

I still wish the cops had just done the damn sobriety test so we could at least rule the alcohol out definitively. I still have no idea what the true story with this is. I don't buy the ambien bit, but don't know enough about the other medication to forge an opinion. I know he checked himself into rehab, but for what drug? (obviously not ambien)

[converted_democrat]

31. True, but if the person has no recollection of getting up to drive, and

there are many well documented cases of it happening to others, can you really hold a person responsible for something that they didn't "really" do? IMHO, I think the FDA, and the drug manufacturer should be held accountable.. There are documented cases of this happening all over the nation..

[Quantess]

22. Driving Under the Influence

is a crime, and is a felony in most states.
DUII: Driving Under the Influence of Intoxicants.
Intoxicants include prescription drugs.

Ask Rush Limbaugh.

[CPMaz]

23. No, it's not legal in any jurisdiction that I know of...

Driving while impaired is driving while impaired, even if the substance causing the impairment was legally acquired and ingested.

[Recursion]

25. No

I don't know of a jurisdiction where DUI/DWI is limited to alcohol. Any substance that impairs your ability to drive is a no-no.

Glad to see Pat is going into rehab, too. Maybe he'll get the help he needs and put an end to the curse that seems to go along with that last name.

[kikiek]

29. He isn't cursed nor is his name. Sounds like media hype being bought and

sold.

[B Calm]

27. You'd never catch Limbaugh driving!

[converted_democrat]

28. Here are some links.. Many of the people that drive on Ambien

don't even know they got out of bed to do it.. I would think it would be hard to hold a person responsible for something that they have no recollection of doing, especially if there are many other well documented cases of it happening.. The drug manufacturer should have pulled the drug years ago..

http://www.washingtonpost.com/wp-dyn/content/article/2006/03/13/AR2006031301317_pf.html

http://www.cbsnews.com/stories/2006/03/15/earlyshow/health/health_news/main1404632.shtml

http://www.nytimes.com/2006/03/08/business/08ambien.html?ex=1299474000&en=17cf99894f297014&ei=5088&partner=rssnyt&emc=rss

http://www.msnbc.msn.com/id/11726645/

[kikiek]

32. They seems to have forgotten that. And the fact that it isn't even news.

[converted_democrat]

34. I don't get it.. This drug and it's side effects have been known for

sometime now, you would think that it would be pulled by now.. There are documented cases all over the country.. The only reason it's "news" is because he's a Kennedy.. I'm glad he's getting help for his issue though..