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Driving While Medicated Can Get You Arrested [infographic]

In Minnesota, driving while under the influence of a substance that impairs a motorist’s ability to drive is considered a crime. If a driver knowingly operates a vehicle while under the influence of drugs, alcohol or prescription medication, he/she can be arrested for a DUI.

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Drugged Driving Laws in Minnesota

Minnesota law has a zero-tolerance policy for driving under the influence of controlled substances, with the exception of cannabis or cannabis metabolites. The law states that any person who drives operates, or is in physical control of a motor vehicle while under the influence of a Schedule I or Schedule II controlled substance is committing a crime. If a driver tests positive for a Schedule I or II substance that impairs physical and mental functions, he/she can be arrested and charged with a DUI offense. A criminal law attorney often sees cases where drivers are impaired by prescription medications, yet they get behind the wheel of a car. According to Minnesota drugged driving laws, a driver can be charged with a DUI is he/she has consumed a drug that has impaired the ability to drive safely, whether the drug is illegal, prescription or over the counter.

Controlled Substances

Under Minnesota law, the term “controlled substance” refers to any drug that impairs the brain, nervous system, and motor skills. Such substances are listed as Schedule I and II drugs. The list is extensive and includes a long list of different narcotics, depressants, opiates, and hallucinogens. Schedule I includes ecstasy, heroin, and LSD. Schedule II includes oxycodone, methadone, methamphetamine, cocaine, codeine, and morphine. Minnesota drug laws prohibit the use of these drugs in any amount while operating a motor vehicle.

If a driver tests positive for a Schedule I or II drug and is charged with a DUI, he/she may be able to use proof of a valid prescription medication prescribed by a physician as a DUI defense. However, the defense may not apply if the driver is charged with driving under the influence of the drug, as opposed to just having a concentration of the drug in the bloodstream. Penalties for drugged driving are the same as for drunk driving in Minnesota. In addition, a conviction for driving under the influence of medication will be considered a prior offense for future DUI charges.

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Attorney Max Keller
Max Keller

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Experience: Practicing since 1997
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

Person using smartphone with blurred police lights background. charged with a drug crime based on text messages

Can You Be Charged With a Drug Crime Based on Text Messages Alone?

You can be charged with a drug crime based on text messages alone in Minnesota, especially when the messages show intent to purchase, sell, distribute, or traffic drugs. Prosecutors often use text messages to demonstrate intent to commit a drug crime, show a history of drug activity, link you to a specific phone, and corroborate physical evidence. Text messages often strengthen the probable cause required for the police to arrest and charge you. They are, however, not sufficient for a conviction without compelling supporting physical evidence.
Handcuffed man in beanie looking distressed during interrogation. police lie to you during an interrogation

Can the Police Lie to You During an Interrogation in Minnesota?

Criminal defendants who interact with police officers for the first time are often left wondering, “Can the police lie to you during an interrogation?” Police officers can lie to you during an interrogation. In fact, deception is a lawful and fully permitted police technique provided the officers do not use it to force a confession. Police often claim possession of non-existent evidence or witnesses to trick you into disclosing information that can aid their investigation.