Upholding a county court’s conviction of driving under the influence of drugs, the Nebraska Supreme Court found there was sufficient evidence to support a DUI conviction for a person driving under the influence of prescription medications. State v. Taylor, 310 Neb. 376 (Neb. Nov. 12, 2021).

In Taylor, a traffic stop was initiated when police officers saw a vehicle driving with its headlights off on a city street in Lincoln, Nebraska. Prior to initiating the traffic stop, the police officers followed the vehicle observing the vehicle crossing the centerline and striking a curb. Upon asking the driver why his headlights were not on and why he struck the curb, the driver stated that he thought his headlights were on and that he fell asleep while driving. The driver also admitted that he had taken some prescription pills when he was asked whether he had taken any medications or drugs recently. After observing the driver having slurred speech, appearing overtired, and not completely aware of what was going on, the police officers conducted field sobriety tests to determine if the driver was impaired. Although there was no smell of alcohol on the driver’s breath, and a preliminary breath test did not detect any alcohol on the driver’s breath, the officers detained the driver to be evaluated by a drug recognition expert. After receiving his Miranda rights and agreeing to be interviewed, the driver again acknowledged taking medications for mental and behavioral health reasons that caused him to get sleepy.

As a result of the driver’s statement, the performance on field sobriety tests, and the multistep drug recognition expert protocol, the driver was cited for violating driving under the influence under Lincoln Mun. Code § 10.16.030 (2017). The county court found the driver guilty of unlawfully operating a motor vehicle under the influence of any drug and passed sentence. The district court affirmed the county court’s findings that there was sufficient evidence for the conviction. Upon appealing to the appellate court, the Nebraska Supreme Court upheld the driver’s conviction of driving under the influence of any drug.

The Nebraska Supreme Court found that the Lincoln Municipal Ordinance that criminalizes the operation or actual physical control of a motor vehicle while under the influence of alcoholic liquor or of any drug encompasses prescription medications. Specifically, the ordinance did not limit its coverage to illegal or any other subcategory of drugs. Rather, it makes it unlawful to drive under the influence of any drug. Furthermore, driving at night with headlights off, crossing the centerline of the road, striking a curb, and admitting to falling asleep while driving was sufficient evidence to demonstrate the driver’s ability to drive safely was impaired as a result of prescription medications.

This decision demonstrates that driving under the influence may not be limited to alcohol or illegal drugs but can also include regularly used prescription medications. Accordingly, taking any prescription medications that impair your ability to operate a motor vehicle safely may subject you to a DUI conviction.

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