An old story, new twist

A Lincoln County sheriff's deputy has been charged with driving under the influence while in his patrol car. The police believe Charles Harwell was actually on prescription drugs when he was taken into custody near Augusta. A call in the middle of the night of an officer driving erratically put the police on alert. Harwell was eventually found parked in his patrol car on the side of a highway.

This story brings up two great questions:

1. Can you be arrested for DUI if you just sitting in your car, not driving it, and
2. Is driving under the influence of prescription drugs the same as driving while intoxicated?

So, first questions first: absolutely, yes, you can and WILL be arrested if you have the keys to any type of motor vehicle (golf cart, riding mower, car) and over the legal limit.

Then second question isn’t so easy. It is very difficult to establish the influence of most prescription drugs. They simple haven’t been studied the same way alcohol has.   Having said that, the police will arrest you for DUI if they think you are intoxicated on any kind of drug. Proving someone was unfit to drive while taking prescription medication is a whole other story.

Love v. State

One of the cases of which I'm most proud is from way back in 1999. That is when that my partner David Clark and I got Georgia's DUI-marijuana law struck down as unconstitutional in Love v State. Just this last year, Love v. State helped win another case, this time one that involved a prescription drug as well as marijuana. Back in 1999 we argued that the government can't claim you are unsafe to drive just because you show any amount of a drug in your system -- they must show that due to consumption of meds, you are incapable of driving safely. It's not the same, and it's really helped a lot of people avoid unjust charges over the years. A defense lawyer could use Love v. State to help defend Officer Harwell too.