Many Colorado drivers are surprised to learn that you can be charged with a DUID (Driving Under the Influence of Drugs) even when the substance involved was legally prescribed by a doctor. The law does not distinguish between legal and illegal drugs when it comes to impaired driving. If your ability to safely operate a vehicle is affected “to the slightest degree,” you can face criminal charges.

At Alfrey & Associates, PC, we know how frightening it can be to face DUI charges after following a doctor’s instructions. Our Denver defense attorneys handle complex prescription drug DUID cases and work to protect your license, your record, and your reputation.

How Colorado Defines DUID

Under Colorado law, a DUID occurs when a person operates a vehicle while impaired by any drug—prescription, over-the-counter, or illicit. Unlike alcohol DUIs, there is no set legal limit for prescription medications. Law enforcement relies on field sobriety tests, officer observations, and blood analyses to determine whether a driver was “under the influence.”

This means that even common medications such as painkillers, sleep aids, anti-anxiety prescriptions, or cold medicines can lead to a DUID if they affect your coordination, judgment, or reaction time.

Common Medications That May Trigger a DUID

• Prescription opioids such as oxycodone or hydrocodone
• Anti-anxiety drugs such as Xanax or Valium
• Muscle relaxants and sedatives
• Antidepressants and sleep medications
• Antihistamines and over-the-counter cold medicines

The problem is that these medications affect everyone differently. Dosage, body chemistry, and timing all play a role, and there is no simple test that accurately measures impairment.

How Prescription Drug DUIs Are Investigated

When a driver is suspected of being impaired by drugs, police often request an evaluation by a Drug Recognition Expert (DRE)—an officer trained to identify signs of drug use. The DRE may examine physical indicators like eye movement, pulse, and muscle tone, and will often request a blood test.

However, these evaluations are subjective and frequently flawed. Blood test results can show the presence of a medication long after its impairing effects have worn off. As a result, many drivers are charged based on incomplete or misleading evidence.

Penalties for a DUID Involving Prescription Drugs

The penalties for a DUID in Colorado mirror those for an alcohol-related DUI:

First Offense:
Up to one year in jail, fines between $600 and $1,000, a nine-month license suspension, and mandatory drug education.

Second Offense:
Mandatory jail time, increased fines, a one-year license suspension, and probation with monitored sobriety.

Third or Subsequent Offenses:
Up to one year in jail, higher fines, longer license revocation, and possible felony charges.

Even a first-time conviction can have serious long-term effects, including increased insurance costs, difficulty finding employment, and a permanent criminal record.

Defending Against a Prescription Drug DUID Charge

Every case requires careful review of the facts and evidence. At Alfrey & Associates, PC, we take a scientific, evidence-based approach to defending our clients. Our strategies include:

• Challenging the legality of the traffic stop and arrest
• Questioning the reliability of field sobriety and DRE evaluations
• Examining how blood samples were collected, stored, and analyzed
• Presenting medical or expert testimony showing lawful use and non-impairment

Because prescription drug DUIs rely heavily on interpretation rather than clear data, there are often multiple ways to challenge the prosecution’s case.

Protect Your Rights and Your Record

If you’ve been charged with a DUID involving prescription medication, you need an attorney who understands both the medical and legal complexities of these cases. A conviction can affect your driver’s license, your career, and your future.

The attorneys at Alfrey & Associates, PC provide experienced, aggressive defense for clients across Denver and throughout Colorado. We work to ensure that your lawful use of medication is not mistaken for criminal behavior.