Legal Question in DUI Law in Virginia

Re: Chronic Pain Management and DUI of Prescription Pain Medicine

The Virginia DUI statute 18.2-266 references any "drug of whatsoever nature" and "to a degree which impairs his ability to drive or operate any motor vehicle" as providing one basis for a DUI violation and conviction under this statute in the Commonwealth.

Therefore, one could reasonably conclude that if you self-adminstered the various pain medications

which you've mentioned, knowing full well beforehand that they might well impair your ability to operate a motor vehicle in a safe manner, and then you subsequently drove and became impaired and were then stopped for whatever reason and determined to be impaired, if all of the foregoing facts could then be proven beyond a reasonable doubt, you could, then, at least in theory, be convicted of DUI------in my opinion.

If you were stopped for a traffic infraction or got involved in an accident, the key issue would be your condition at the time of the stop or the accident (or thereabouts) and not whether it became known as to whether you take various pain medications.

Re: Chronic Pain Management and DUI of Prescription Pain Medicine

Unfortunately, this won't be the answer you want to hear. That you might have built up a tolerance to your pain drugs and you feel OK doesn't mean you aren't legally intoxicated (you are). Based on the drugs and dosages stated in your question, you have no business driving anywhere at any time. This is the Northwest Airlines drunken-pilot defense: Your Honor, we drink so much that we can fly just fine. It didn't fly for them, it won't for you either. If you get caught, expect jail time (without your pain meds) and punitive damages (not paid by your insurance company, paid by you) if you hit someone. If you doubt me, ask your doctor for a written note saying it's OK to to drive on the quantities of meds you take. You won't get one.