While most drivers are very familiar with the term driving under the influence (DUI), this expression most typically conjures images of drivers who have had too much to drink before climbing behind the wheel of their motor vehicle. However, driver impairment may take many forms including drivers that are impaired by the use of prescription medications or even over-the-counter drugs.  Many people falsely assume that if they are taking a drug that is not a narcotic or an illegal street drug they cannot be considered driving under the influence or driving while impaired (DWI).  The determination of whether one is violating DUI/DWI laws while driving with a drug in one system is not based on whether or not the substance may be consumed legally.  If a driver takes a prescription medication or over-the-counter drug that impacts one’s driving, the driver may be liable for injuries or wrongful death caused in an accident.  It is not the legal status of the drug that matters, but its impact on driving ability.

There are many prescription drugs that come with specific warnings not to operate heavy machinery or drive while under their influence. If a driver ignores these warnings and chooses to drive anyway, the driver may be liable if the drug impairs the driver and causes an accident.  Some over-the-counter medications also carry warnings that they may make a driver drowsy or that it is unsafe to operate a motor vehicle while under the influence of the drug.  Even medications that are available without prescription may form the basis of liability in a civil lawsuit that arises out of a motor vehicle accident caused by driving while impaired by drugs.

Whether you have taken a prescription medication or an over-the-counter drug, the substance may have a substantial impact on your ability to drive safely.  Some of the most common negative effects on driving ability caused by legal medications include the following:

• Sluggish reflexes
• Drowsiness
• Delayed response time when braking or steering
• Impaired attention , memory and focus
• Blurry Vision

Anyone who is taking a medication whether prescribed by doctor or picked up without a prescription in a local grocery store has an obligation to read the packaging of the drug to determine whether it is safe to drive after taking the medication.  While certain types of medications are more likely to impair driving ability, including tranquilizers, muscle relaxers, anxiety medication and sleeping pills, the best practice is always to check the labeling of any new medication or ask the pharmacist about whether or not the medication may impair your ability to drive safely.

Our experienced Mississippi DUI drugs attorneys aggressively pursue the best possible outcome on behalf of victims who are injured in accidents involving impaired drivers. These cases are more challenging to litigate than DUI case involving alcohol.  Mississippi’s “per se” DUI law provides that any driver with a blood alcohol concentration of .08% or above is over the legal limit regardless of whether or not one’s driving ability is actually impacted.  There is no corresponding “per se” law for DUI offenses involving legal or illegal drugs.  This means that our experienced DUI drugs accident attorneys must carefully investigate an accident and erratic driving by the other driver to establish impairment.  Sometimes the nature of the accident may provide critical evidence, such as where a driver falls asleep at the wheel or blows through a red light.  Where impairment is not established by specific behavior of the other driver that caused the accident, we may use experts to testify on what impact a particular dosage of a drug would have had on driving ability.

If you are injured in a Mississippi car accident with a driver impaired by drugs, our experienced DUI accident injury attorneys may be able to help you seek the compensation you need to compensate you for your injuries.  We invite you to contact Barrett Law so that we can evaluate your Mississippi car accident claim and advise you of your rights and options.  Call us at 662-834-2376.

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