What happens if I am stopped for suspected DUI and I have valid “loose” prescription medication on me?
In Pennsylvania, if you are stopped for suspected Driving Under the Influence(DUI) and happen to have loose valid prescription pills in your car, not only will you be possibly charged for a DUI but you will inevitably be arrested for some type of drug offense because you failed to possess the prescription drugs in the original container. But is the Police correct? must the prescription pills be in the original container or must you have the valid prescription on you at all times? You cannot count on the police, the prosecutors or even judges to know every single law. Frequently, police officers, and even DAs and Judges believe that one must have a validly dispensed drug in the original container given by the pharmacist and/or have the prescription on him or her. However in Pennsylvania, that is NOT the law. There is no authority in the Pennsylvania criminal code or the United States Code, or a statute or regulation that prohibits a validly prescribed and dispensed controlled substance to be “loose” and without a copy of the prescription and outside of its original container. Having an attorney who is familiar and experience with the drug laws is essential to success. The top attorneys at Giribaldi & Manaras are here to help.