We are patients living with Trigeminal Neuralgia, here for your support.

POSSESSION OF CONTROLLED SUBSTANCE & DRIVING UNDER THE INFLUENCE OF A CONTROLLED SUBSTANCE AND ALCOHOL

There are three separate issues being discussed here. I have experience in both law enforcement and the criminal justice court system. I am very concerned that there may be confusion on the part of our members as to these issues. We are a unique community, due to the fact that our daily lives are made possible by powerful pain, anti-seizure and other medications. I hope the following will educate our members about the legalities of our prescription medication use in the United States.

1. Possession of a Controlled Substance.

2. Driving Under the Influence of a Controlled Substance.

1. Possession of a Controlled Substance is a charge that is made when someone is found to be in possession of illegal drugs or controlled medication(s) that were not prescribed to them. It does not apply to people who are in possession of controlled medication that was prescribed to that person. However, the law states that a controlled medication MUST be carried in the original pharmacy issued container.

There was a comment made on a discussion here that one of our members was advised by a police officer that since she was carrying her medication in a plastic pill planner, she should carry with her the paperwork receipt from the pharmacy. BUT, having paper documentation proving that the medications you are carrying were prescribed to you, does not give you a free pass. Every police officer is different. Some are compassionate and some go by the strict letter of the law. So please, understand that if you are not carrying your medications in the containers they came in - you are breaking the law. Period.

2. Driving Under the Influence of a Controlled Substance is not "forgiven" if you have a legal prescription. Anyone who is judged to be impared by a law enforcement officer can be arrested and charged with DUI. It doesn't matter if you have been on a medication for a long time and feel that your system has adjusted to it's effects. It doesn't matter if you have proof that you have been legally prescribed the medication.

If you are driving with controlled medication in your system, you are taking a chance. If you voluntarily or involuntarily take a blood test and are found to have controlled medication in your system you can be charged. Period.

3. DUI or DWI is Driving Under the Influence of Alcohol. Everyone should know that we, as facial pain patients, have to consider that drinking while taking medication can intensify the effects of both the medication and the alcohol, making it even more dangerous.

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Replies to This Discussion

Permalink Reply by Zen Blonde on February 25, 2012 at 12:59am

I'm involved in the legal field and have seen too many lives ruined by bad decisions. Because I have small children, I err on the side of caution and don't drive anymore. Fortunately, I have family who willingly help me. I know some have to drive out of necessity and makes this a challenging position to be in.

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Permalink Reply by Jackie on February 25, 2012 at 6:07am

I never cease to be amazed at the collective knowledge, help and advice contained within this group. Thank you everyone for your positive comments which can help do many!

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Permalink Reply by JW on February 25, 2012 at 6:39pm

I think it is most important to realize why the officer is making contact with you. Is it for a minor traffic violation or did you just crash through his favorite doughnut shop? Unless your driving is a danger to you or others the likelihood of the officer even asking you about drugs or alcohol are minimal. If there is a valid reason or probable cause to ask the questions about your ability to drive, then you should be honest. One poster stated that, an officer would always take you to jail if the pills were in the proper container and labeled. I would strongly disagree with that statement. There would have to be many factors to consider in arresting a person who is on these types of meds. First you have to look at the whole picture. The persons demeanor, time of day, do you know this person and their ailments, can your jail properly deal with the ailments, is there a person close by to pick them up….the list goes on. Or are they a hood rat with several controlled substances from 99 different doctors and the car smells like weed. I have never arrested anyone in 24yrs for DWI/DUI for having properly marked meds in the marked bottles, unless I could smell an alcoholic beverage or other contraband.

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Permalink Reply by Jerry on April 9, 2012 at 8:17am

Gloria: Glad you put this back up, I did not remember where it was.

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Permalink Reply by Mandy on April 9, 2012 at 10:28am

These posts make very interesting reading. I've not been driving since last Oct and desperately need to start driving again so I can get back to work. I really thought that my body would have got used to the drugs by now but i just seem to have platoed, not getting any better or getting any worse. Some days are better than others and some days are worse. My Neuro told me that I cannot drive until I feel I can function 'normally' as if I had an accident or was pulled over I would be legally liable and that he would have to produce all of my notes which states that I should not drive! I'm on both lyrica and dosulepin and just now wish that I could stop taking both, is anyone else on these drugs and if so do our bodies eventually acclimatise to them?

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Permalink Reply by doowni on April 10, 2012 at 10:16am

I agree....In almost 20 years as an officer the only time I have ever charges anyone with possession of drugs not in original container was in conjunction with a more serious crime...most often DWI ....please dont get the idea that officers are going to pull you over for passing a stop sign and go through your purse...that is not the case..

If you are driving in a manner that makes the officer believe you are under the influence of either alcohol or drugs you could be arrested and incident to arrest, the search of your belongings reveal prescription meds not in container. There is a strong possibility of additional charges against you. The best thing to do is if you feel impaired by anything that you have ingested...stay out of the drivers seat...your life is worth more

JW said:

I think it is most important to realize why the officer is making contact with you. Is it for a minor traffic violation or did you just crash through his favorite doughnut shop? Unless your driving is a danger to you or others the likelihood of the officer even asking you about drugs or alcohol are minimal. If there is a valid reason or probable cause to ask the questions about your ability to drive, then you should be honest. One poster stated that, an officer would always take you to jail if the pills were in the proper container and labeled. I would strongly disagree with that statement. There would have to be many factors to consider in arresting a person who is on these types of meds. First you have to look at the whole picture. The persons demeanor, time of day, do you know this person and their ailments, can your jail properly deal with the ailments, is there a person close by to pick them up….the list goes on. Or are they a hood rat with several controlled substances from 99 different doctors and the car smells like weed. I have never arrested anyone in 24yrs for DWI/DUI for having properly marked meds in the marked bottles, unless I could smell an alcoholic beverage or other contraband.