Attorney David S. Zuckerman has been named by the American Institute of DUI Attorneys (AIDUIA) to the "10 Best" Attorney List for Client Satisfaction in Pennsylvania for DUI Defense from 2015-2025.

DRIVING UNDER INFLUENCE OF DRUGS ATTORNEY (DUID)

DUI Drug Charges in Western Pennsylvania?

Whether you’re accused of Driving Under the Influence of illegal drugs, prescription medications, or over-the-counter substances that impair your ability to drive safely, the consequences can be life-altering. A drug DUI charge, otherwise known as a DUID offense, is a highest tier DUI offense in Pennsylvania. The Zuckerman Law Firm LLC has years of experience representing those facing DUI-D charges in Western Pennsylvania.

Types of Drug DUI Charges in Pennsylvania

Section 3802(d) of the Motor Vehicle Code lists the different types of DUI charges related to controlled substances. You can be prosecuted for a DUI-D offense if you were driving, operating or exercising physical control over the movement of a vehicle, and at that time:

Blood tests reveal the presence of a Schedule I controlled substance, or a metabolite of that substance, which includes Heroin and Marijuana:
Blood tests reveal the presence of a Schedule II or III controlled substance, or a metabolite of that substance, if you have no prescription for that medication;
You were under the influence of a drug or combination of drugs which impaired your ability to safely drive a vehicle:
You were under the combined influence of alcohol and drugs which impair your ability to safely drive a vehicle; OR
You were under the influence of a solvent or noxious substance in your system.

If police suspect you were under the influence of a controlled substance, and you refuse chemical testing, you can still be prosecuted for a Drug DUI in Pennsylvania.

What are the penalties for a Drug DUI offense in Pennsylvania?

All drug DUI charges are considered highest tier or third tier offenses, which are the most severe DUI charges under Pennsylvania law. These offenses carry serious penalties, as follows:

  
    
        Offense
        Grading
        Jail Sentence
        License Suspension
        Fine
      

    
        First Offense
        Ungraded Misdemeanor
        72 hours (mandatory minimum)
        12 months
        $1,000 (mandatory minimum)
      

        Second Offense
        First-Degree Misdemeanor
        90 days (min) to 5 years (max)
        18 months
        $1,500 (mandatory minimum)
      

        Third Offense
        Third-Degree Felony
        1 to 7 years in state prison
        18 months
        $2,500 (mandatory minimum)
      

  

Learn more about PA DUI Laws and Penalties here.

How are Drug DUI cases investigated in Pennsylvania?

Typically, Drug DUI cases are handled in a similar manner as DUI cases for alcohol. First, prior to stopping your vehicle, police will look for evidence of erratic driving, such as swerving, weaving, speed fluctuations or evidence of a recent auto accident.

Second, after stopping your vehicle, the police will look for physical clues of impairment, such as bloodshot and glassy eyes, dilated pupils, slurred or slow speech patterns, sleepiness or drowsiness, odors of marijuana or track marks, disheveled clothing, and other evidence that you are under the influence of a drug.

Third, police will ask you questions about recent usage of drugs or alcohol. Any admissions you made to the police officer about the recent usage of prescription or illegal drugs or medications will be used against you in court. For example, if police suspect you are under the influence of marijuana, and you tell them “I smoked 5 hours ago,” you have just given them probable cause to believe you are driving with a Schedule I substance in your system.

Fourth, the police will administer field sobriety tests, which include the Horizontal Gaze Nystagmus, the Walk and Turn test, the One-Legged Stand, and other divided attention tests. Successfully completing certain field sobriety tests may give police evidence that you are under the influence of a particular drug. For example, marijuana users typically will not demonstrate irregular eye jerking patterns for the HGN test, which will lead the officer to suspect marijuana usage.

Fifth, police may search your vehicle for evidence of drugs and paraphernalia. For example, if the police find needles in your vehicle, it may help bolster a case that you drove under the influence of heroin. Likewise, if police find a marijuana roach in your vehicle's ash tray and the vehicle smells like burnt marijuana, the officer will likely conclude that you smoked marijuana and drove.

Sixth, you may be brought before a Drug Recognition Expert, who will interview the arresting officer and conduct around a dozen physical tests and examinations to determine if you are under the influence of a drug. If prosecuted for a Drug DUI, the DRE who examined you will be called to testify at trial.

Finally, as there is no breath test to detect for drugs, you will be asked to submit to a blood test to determine if there are drugs or drug metabolites in your system. The crime lab will then analyze the test results to see which controlled substances are in your system, and if they exceed the allowable limits under state law. If you have refused the test, police will still filed DUI-D charges against you, relying upon their observations to prove you were under the influence of a drug.

Can I be charged with DUI for taking my Prescription Medication?

We've all seen the warning labels on prescription medication bottles: "Do not operate heavy machinery" or "Use caution when driving." What your doctor should be telling you is this: "Do not drive a vehicle or you could be arrested for a Drug DUI."

You can be arrested, charged and convicted of DUI for taking your prescription medications if they impair your ability to drive safely. Typically, prescription medications that have a stimulant or depressant effect on the central nervous system are capable of causing impairment, including vicodin, oxycontin, xanax and adderol. Prescription DUI charges are common for recovering heroin addicts who take methadone. While methadone may be a necessary component of your treatment program, you may very well be charged with a DUI if the prosecution believes it impaired your ability to drive a vehicle.

Before taking any pain, anti-depressant, or anti-anxiety medication, you should ask your doctor if you are safe to drive while taking the prescribed dosage. You should also follow the doctor's strict instructions for dosing.

ARD Eligibility for Drug DUI Offenses

First-time offenders may qualify for the Accelerated Rehabilitative Disposition (ARD) program if:

No accident with injury occurred
No child under 14 was in the vehicle
The case meets other local ARD eligibility requirements

Successful completion of ARD may result in charges being dismissed and your record expunged. However, some counties are currently refusing to offer ARD on any DUI cases as a result of a recent change in case law.

Your Defense Starts Now - Call the Zuckerman Law Firm

DUI cases are very detail-specific, so it is essential to have a results-oriented lawyer with outstanding experience. Attorney Dave Zuckerman has PROSECUTED AND DEFENDED hundreds of DUI cases, and is familiar with court procedures in all Western Pennsylvania counties.

Our goal on every DUI Case: avoid conviction or minimize consequences. Call us today at 412-447-5580 for a free consultation.