Question:  It wasn't my fault I got a DUI in Gwinnett County because I was just taking the drugs the doctor said I needed. If anyone should be in trouble it should be the doctor who made me take the drugs.

I broke my leg in a skiing accident last winter and it never healed right and it's painful and I take antidepressants, and those drugs made me get a DUI charge, the police officer said. I wasn't drunk but the cop gave me a DUI because I was on drugs. But I wasn't on illegal drugs like pot or cocaine. I haven't used weed or coke in about 10 years and I kicked it with rehab in Malibu, California.

I was driving home after I went to see a friend playing in a band at a bar. I didn't drink but it was late and I admit I was sleepy and I swerved. The drugs do make me not drive very well sometimes. The Gwinnett cop saw me swerve and pulled me over. He must have thought I was all buzzed up, because he made me walk a line and looked at my eyes and he made me count and recite the alphabet.

I said I was coming from a bar but didn't drink, and that's the truth. I fully admitted to being on my meds and he took me to get a blood test, which I thought was fine.

Now I'm charged with DUI drugs and I need some advice. I don't think I should have the charge and I think the doctor should be the one in trouble and not me. Can they charge the doctor with anything? Can you help me?

H.T. in Lawrenceville, GA

Answer:  We get questions related to DUI and drugs quite often. Because Americans are now using prescription drugs at a higher rate than ever, more people are being charged with DUI drugs than ever before. Many people don't realize that you can be charged and convicted of DUI-drugs for being a less safe driver due to taking prescription medications and there doesn't have to be any alcohol involved. These arrests are happening very frequently.   

As for charging your doctor with a crime, the answer is no, he did not commit a crime. Under Georgia law, your doctor has not committed any crime simply because you were charged with DUI for taking drugs that he prescribed.

Perhaps your doctor could have explained to you that the medications could cause you to have problems safely operating a vehicle. Indeed, physicians should carefully go over the side-effects of any medications to ensure that patients understand them so that these sorts of cases occur with less regularity.

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Charged with a Gwinnett County DUI? For help, call us now. Our phone number is 678-215-4106.    

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