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Prescription Drugs and DUI in Delaware

The State of Delaware classifies driving under the influence while using alcohol and/or drugs. Specifically, the use of any illegal drugs while driving automatically leads to a driving under the influence offense. However, any individual driving while using drugs according to the directions and terms of a lawful prescription does not equate to driving under the influence.

The use of prescription drugs illegally will result in a driving under the influence offense. However, the use of prescription drugs legally will not result in a driving under the influence offense. Also, the use of any drug without an inactive ingredient will not result in a driving under the influence offense. However, an individual claiming a drug does not contain an inactive ingredient is not a defense. Therefore, an individual taking any drug while driving a vehicle must know what type of drug he or she is taking as well as if the drug is legal. Additionally, any individual taking a legal substance without a prescription will lead to a driving under the influence offense.

Therefore, the State of Delaware may convict an individual for driving under the influence while using drugs. However, an individual taking prescription drugs legally are not guilty of driving under the influence. Thus, the use of prescription drugs while driving may or may not result in a driving under the influence offense.


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