Prescription Drugs

Can I be charged for an OWI for prescription medication?

A person in the State of Iowa may be charged, and potentially convicted, of operating a motor vehicle while under the influence of a drug in addition to alcohol.  This includes prescription drugs as well as the better known illicit narcotics such as marijuana, cocaine, and other “street drugs.”

Iowa law prohibits an individual from operating a motor vehicle while “under the influence” of a drug, a combination of drug and alcohol, or with any amount of controlled substance present in their system. 

prescription medication owi defense

An affirmative defense to the “any amount” (legal limit) charge exists if the individual was taking the controlled substance/drug pursuant to a prescription and in accordance with the direction of the issuing doctor or pharmacist.  

without alcohol consumption

If the person is charged with being “under the influence” of a drug, then the doctor or pharmacists prescription is only a defense if the individual was not instructed to refrain from operating a motor vehicle AND there I no evidence that alcohol had been consumed. 

with alcohol consumption

If there is evidence of alcohol being consumed then the charge turns into a combination of drug and alcohol offense which is treated the same as an ordinary operating while intoxicated charge.  An alcohol test result even below the legal limit can be used by the prosecution in an attempt to defeat a prescription defense to a driving while drugged case because it tends to show that some amount of alcohol had been consumed.  Consequently, admitting to officers “I was on prescription medication” is not helpful to a defense against a drunk driving charge if alcohol has also been consumed.

If the jury determines that the individual was legally “under the influence” of a combination of drug and alcohol, the individual can be convicted regardless of whether or not they had a valid prescription.  In these situations it is important not to make admissions to law enforcement that will negatively impact your case.  A knowledgeable attorney will also investigate the nature of this line of questioning by the officer in order to find ways to get any admissions suppressed or thrown out of court.

Iowa OWI Defenders
contact us at 1-888-278-1027

Gourley, Rehkemper & Lindholm
IOWA DRUNK DRIVING DEFENSE LAWYERS
303 Locust Street, Suite 200
Des Moines, Iowa 50309

Phone: (515) 226-0500
Toll free: 1-888-278-1027

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free initial consultation

If you or someone you care about has been arrested for drunk driving or an intoxication related offense, remember that an arrest is not a conviction; there are many, many reasons why an OWI charge may be wrong. If the driver doesn't believe that he or she was drunk, that very well may be the case; breathalyzers can malfunction. There are also many other reasons for improper drunk driving accusations. We know, we find them all the time.

call Iowa OWI Defenders at 1-888-278-1027

For a free initial consultation, please call the law offices of Attorney Robert Rehkemper and Attorney Matthew Thomas Lindholm at (515) 226-0500, or if you are located outside the local Des Moines, West Des Moines, Iowa area, use our toll free number, (1-888-278-1027).

Send your OWI Arrest Information To An Attorney

You can also send details about your OWI arrest to the attorneys with the CASE SUBMISSION FORM. That form is very handy for after-hours communications, to give the attorneys a head's-up that you will be calling, or to leave a message for one of them to call you back. While arrest and charge information is public, be sure to exclude any confidential information.

prepare for consultation

The attorneys at Gourley, Rehkemper & Lindholm are extremely detail-orientated; they want information from you pertaining to every aspect of your case including your and police actions prior to the police stop, preliminary to your arrest, during arrest and after arrest.

An OWI DUI Questionnaire Form is ready for you to print and complete to prepare for your consultation with an attorney.

driver's rights card

Don't leave home without it! Get your Driver's Rights Card now, and keep it with you just in case you ever need it.

Gourley, Rehkemper & Lindholm founded the Driver's Rights Card to protect people's rights if ever they're stopped in Iowa by police for suspicion of operating a motor vehicle while under the influence. Protect your freedom - get the free card.