Drug Impairment Is A Basis For DUI Charges. Our Harrisburg Drug DUI Lawyer Knows How To Defend You

Last updated on April 28, 2026

Under the old law, the prosecution had to prove that drugs impaired your ability to drive a motor vehicle. Under current DUI (DWI) law in Pennsylvania, the mere presence of illegal drugs in your bloodstream is enough for a conviction.

The penalties for a drug-related DUI are the same as for the highest level of drunk driving. You may also face drug charges if police find marijuana or a controlled substance in your possession when they pull you over. It is imperative that you hire qualified legal counsel to fight these charges.

Facing A Drug-Related DUI? Talk to the attorneys at the Law Offices of Patrick F. Lauer, Jr. LLC. We know how to defend adults and college students alike. Contact us at 717-985-8595 for a free initial consultation.

There Are Severe Penalties For Drug-Related DUIs

A controlled substance is any prescribed drug, nonprescribed drug (marijuana, cocaine, meth, Ecstasy) or unauthorized prescription narcotic (OxyContin, Vicodin). Even if you have not used these drugs on the same day as your arrest, if a trace amount turns up in a blood sample you can be charged with driving under the influence.

Regardless of whether you are actually impaired, drug-related DUI is charged as if you had the highest level of alcohol intoxication (BAC of .16). This means you will face the harshest penalties for conviction:

• A first-offense or drug-related DUI carries minimum jail time and 12-month license suspension.
• If you have two or more DUI prior convictions (alcohol or drugs), you face at least a year in state prison and other severe consequences.
• If an officer finds drugs in your car, purse or pocket during your traffic stop, you may also face a drug arrest for possession.

Contact Us. We Can Fight The Charges As We Have In Over 5,000 DUI Cases.

Criminal defense lawyer Patrick F. Lauer, Jr. Jr. has handled over 5,000 DUI cases in 33 years of practice, including driving under the influence of controlled substances. He explores all avenues to achieve a dismissal of your case, reduced charges or a lighter sentence.

If you end up with a conviction for a drug-related DUI and your license is suspended as a result, he may be able to help you request an occupational limited license (OLL) that can help you recover your driving privileges and maintain employment.

Because the new state law considers you impaired for any amount of drugs in your system, we have to fight your DUI on probable cause. If we can show that the officer had no reasonable suspicion to pull you over, the resulting blood test will never be admitted in court. Likewise, a search that turns up drugs may be thrown out as a violation of your constitutional rights.

Frequently Asked Questions About Drug DUI In Pennsylvania

Because drug-related DUI laws in Pennsylvania can be confusing, we have provided answers to some of the most common concerns.

Can I get a DUI for using medical marijuana?

Yes, in Pennsylvania, you can be charged with a DUI for marijuana use regardless of whether you possess a valid medical marijuana card. Under 75 Pa. C.S. § 3802(d), Pennsylvania enforces a zero-tolerance law for driving under the influence of controlled substances.

Pennsylvania’s Schedule I controlled substances are classified as having a high potential for abuse, and marijuana is classified in this schedule. Penalties for marijuana-related DUI offenses are treated as high-tier offenses under Pennsylvania law. As such, you should hire a drug DUI lawyer immediately to protect your future.

If I am pulled over, can I get a DUI for prescription medication?

Yes, you can be charged with a DUI in Pennsylvania even with prescription medication. Under 75 Pa. C.S. § 3802(d), it is illegal to operate a vehicle if a drug impairs your ability to drive safely. As such, if the medication impairs your judgment, you may face penalties.

Additionally, if a controlled substance is found in your system without a valid prescription, the consequences may be worse. Many commonly prescribed medications, such as opioids, benzodiazepines, stimulants and sleep aids, can lead to DUI charges. Our attorney can review your case, protect your rights and help challenge the evidence.

How do police show that a person is under the influence of a certain drug if there is no standard test to check the level of impairment?

Pennsylvania law enforcement officers can establish impairment through several methods. First, they may conduct field sobriety tests (FSTs) to evaluate balance and coordination. FSTs help check your physical condition, including delayed reactions, slurred speech or unusual pupil size.

Additionally, there is likely to be a blood test afterward, which is the key determinant for drug impairment. Under Pennsylvania’s zero-tolerance law, the presence of these substances in your blood can be enough to support a DUI charge.

Drug DUI cases in Pennsylvania are complex and can affect your career, especially if you are a commercial driver. Having experienced legal representation in these cases can make a meaningful difference in your case and future.

Protect Your Rights. Call Today.

It’s not too late to protect your rights, your reputation and your future freedoms. Contact our Harrisburg drug DUI lawyer 24/7 to set up your free initial consultation. Call 717-985-8595 or send us an email.