Can You Be Charged With DUI for Prescription Medication in Virginia?

 Posted on February 16, 2026 in Criminal Defense

You can be charged with DUI in Virginia if prescription medication affects your ability to drive safely. Many people are surprised to learn this, especially when they are taking medication legally and following their doctor’s instructions.

However, Virginia law focuses on whether the medication impaired your driving, not whether the medication was prescribed. If you were arrested for DUI, it is important to understand that you still have rights and legal options. Our Arlington County, VA DUI defense lawyer helps drivers understand their situation and protect their future.

Can Prescription Medication Lead to DUI Charges in Virginia?

Under Virginia Code § 18.2-266, it is illegal to drive while impaired by alcohol, illegal drugs, or any drug that affects your ability to drive safely. This includes prescription medications.

The law does not require the medication to be illegal. Even medications prescribed by a doctor can result in DUI charges if they affect your alertness, coordination, or reaction time.

This can be frustrating for drivers who were trying to treat a medical condition and did not realize the medication could affect their driving.

What Prescription Medications Commonly Lead to DUI Charges?

Some medications can affect your brain and body in ways that make driving unsafe. These effects may include drowsiness, slowed reaction time, or confusion.

Common medications that may be involved in DUI cases include:

• Pain medications, including opioids
• Anxiety medications
• Sleep medications
• Muscle relaxers
• Certain antidepressants
• Medications that cause drowsiness or dizziness

Even when taken correctly, these medications can affect driving ability.

How Do Police Decide if Prescription Medication Is Causing Impairment?

Police officers look at your driving behavior and your condition during the traffic stop. They do not need proof that you took too much medication. They only need evidence that your driving was impaired.

Officers may look for signs such as slow responses, confusion, slurred speech, or poor coordination. They may also ask questions about medications you have taken.

In some cases, officers may request chemical testing. Under Virginia Code § 18.2-268.2, drivers can be required to submit to blood testing after a DUI arrest. This process can feel overwhelming, but an arrest does not mean you will automatically be convicted.

Do You Have To Be Over a Legal Limit for Prescription Medication?

Unlike alcohol, there is no fixed legal limit for most prescription medications. Instead, prosecutors must prove that the medication affected your ability to drive safely. This means DUI cases involving prescription medication often depend on officer observations, test results, and other evidence. Because there is no fixed limit, these cases can be more complicated than alcohol DUI cases.

What Are the Penalties for DUI Based on Prescription Medication in Virginia?

The penalties are similar to those for alcohol-related DUI. Even a first offense can have serious consequences.

Possible penalties include:

• Fines
• Driver’s license suspension
• Jail time in some cases
• Required education or treatment programs
• A permanent criminal record

The exact penalties depend on the facts of the case and whether you have prior DUI convictions. Regardless, these consequences can affect your job, your ability to drive, and your future.

Can You Defend Yourself Against a Prescription Medication DUI Charge?

Being charged does not mean you will be convicted. Every DUI case depends on the facts and evidence.

For example, the officer may not have had a valid reason to stop your vehicle. Testing procedures may also have errors. In some cases, medical evidence may show that the medication did not impair your driving. You have the right to challenge the evidence and defend yourself.

Contact Our Fairfax County, VA DUI Defense Attorney Today

At Noorishad Law, P.C., we understand how overwhelming this situation can be and work closely with clients to protect their rights. Our team provides client-focused, results-driven representation and is committed to helping clients through difficult situations.

With more than 16 years of experience, Attorney Noorishad takes on a limited number of cases so each client receives personal attention. He represents a wide range of clients, including high-profile individuals, and is known for strong, strategic defense. If you are facing DUI charges, contact our Arlington County, VA DUI defense lawyer by calling 703-542-4500 to schedule a consultation. Our phone lines are open 24/7.