Yes. In Arkansas, driving while impaired is a DUI even when the substance is legally prescribed to you — including medical marijuana. A prescription gives you the right to take the medication. It does not give you the right to get behind the wheel while it's affecting you.
A lot of people are surprised by this. More Arkansans than ever have a prescription for something — for pain, for anxiety, for sleep, or medical marijuana. But the law doesn't care whose name is on the bottle. If a medication puts you in a position where you shouldn't be driving, and you drive anyway, that's driving under the influence.
It matters even more as we get older. In your 40s, 50s, and 60s your reflexes aren't what they were at 20 — and a lot of prescriptions hit harder than we expect. Add a late hour and a dark, winding country road, and a bad decision turns into a tragedy fast. The worst part isn't the ticket. It's hurting someone you can never take back — the kind of thing you carry for the rest of your life.
And to be clear: nobody ever got a prescription for a half-gallon of whiskey. Alcohol is still the number one way people end up in this spot.
So what should you do? The simple version: if a medication affects you, put the keys in the drawer and don't drive. But life happens — and if you did drive, and you've been arrested or charged with a DUI, you need someone in your corner who handles these cases. That's what our office does. You work directly with us, not a call center.
If you're facing a DUI in the Batesville area, call Fuller Bumpers, Attorney at Law. We'll bring you in, walk through exactly what happened, and get you headed in a better direction. Call (870) 793-7556.
Frequently Asked Questions
Is a prescription a defense to a DUI in Arkansas? No. A valid prescription lets you possess and take the medication, but driving while impaired by it is still driving under the influence.
Does medical marijuana count? Yes. Even with an Arkansas medical marijuana card, driving while impaired can be charged as a DUI.
What should I do if I've been charged? Don't try to explain it away to police. Talk to a defense attorney about the specific facts of your stop and arrest.