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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.

Max Keller image
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.

Years of Experience: Approx. 20 years
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

DWI driving while intoxicated printed on a paper clipped on a board with open fountain pen on a wooden table. DWI While Riding a Scooter

What Happens If You Get a DWI While Riding a Scooter or E-Bike in Minneapolis?

Minnesota DWI laws apply to all types of motorized vehicles using the road. So, you may get arrested and charged with DWI while riding a scooter or E-bike if your blood alcohol concentration is 0.08 or more. The penalties for a DWI conviction may range from driver license suspension or revocation and fines to imprisonment. A conviction may also result in collateral consequences, including job loss and higher auto insurance premiums. A DWI lawyer can minimize the legal consequences or avoid them altogether. So, be sure to retain a lawyer immediately after you get arrested or charged for riding a scooter or e-bike while impaired.
Top view police officer examining criminal record at desk. criminal record impact new charges

Can a Criminal Record Impact New Charges in Minnesota?

People with prior convictions and facing new charges may wonder, “Can a criminal record impact new charges in Minnesota?” Having a criminal record can influence how the prosecution and court will handle your current charges. The court may deny your bail request or impose strict conditions. It may also impose harsh penalties. The prosecution, on the other hand, may be reluctant to give you a favorable plea deal if you have a prior conviction for a similar or related offense.