Prescription Drug DWI
Charged with a Prescription DWI in Rochester?
You followed the rules. You went to your doctor, you got a valid prescription, and you took your medication exactly as directed. Then, you saw the flashing lights on Hwy 52.
Most people in Rochester are shocked to learn that in Minnesota, you can be charged with a DWI even if you have a legal prescription. If you are a medical professional at Mayo Clinic or a commuter who relies on your license, a “Prescription DWI” isn’t just a legal headache—it’s a threat to your career and your reputation. At Kohlmeyer Hagen, we specialize in defending these complex “Medicine Cabinet” DWIs.
Even if your medication was legally prescribed by a doctor, Minnesota law is incredibly strict. You need a dedicated DWI defense team to prove you were taking your medication legally and not driving impaired.
Why "Legal" Drugs Lead to Arrests in Rochester
Minnesota’s DWI laws are aggressive. Under Minn. Stat. § 169A.20, it is illegal to operate a vehicle while under the influence of any “controlled substance” or “hazardous substance” that impairs your ability to drive.
The police don’t care if the drug came from the Walgreens on 2nd St or a dealer on the street. If the officer believes your driving was affected, they will make the arrest.
Common Prescriptions That Trigger DWI Charges:
Just because the officer wrote “Refusal” on the citation does not mean you are guilty. These cases are highly technical, and we fight them by analyzing the specific procedure the officer followed.
We ask the critical questions:
Sleep Aids
Ambien or Lunesta (often leading to "sleep-driving" charges).
Pain Management
Vicodin, OxyContin, or Percocet.
Anxiety Medication
Xanax, Valium, or Ativan.
ADHD Stimulants
Adderall or Ritalin.
Medical Cannabis
Even with a state registry card, you can still be charged if the officer claims you are impaired.
Other Prescription Medications
Other prescriptions that you are legally prescribed.
The "Affirmative Defense": Your Secret Weapon
There is a specific protection in Minnesota law for prescription users, but here is the catch: It’s not automatic.
To use the “Affirmative Defense,” we must prove two things in court:
You had a valid, current prescription for the substance.
You were using the substance strictly according to the doctor’s directions.
The Danger: If you had a single glass of wine at dinner while taking your medication, or if you took an extra pill because you were in pain, the prosecution will try to strip this defense away from you. We know how the prosecutors in the Olmsted County Attorney’s Office think, and we know how to protect your defense.
The Hidden Trap: The 60-Day License Deadline
Even if we win your criminal case, your driver’s license is at risk. In Minnesota, the “Implied Consent” law means the state can take your license before you are ever convicted of a crime.
- The Deadline: You only have 60 days from the date of the incident to challenge your license revocation.
- The Reality: The “Affirmative Defense” mentioned above does not apply to your license hearing. It only applies to the criminal charges.
This means you could be found “Not Guilty” in court but still lose your license for months. You need a team that handles both the criminal and the administrative sides of the case.
Why Rochester Professionals Choose Kohlmeyer Hagen
A DWI charge can trigger a report to the Minnesota Board of Medical Practice or the Board of Nursing. You can’t afford a “city lawyer” who doesn’t understand the local stakes in Rochester.
- We Are Insiders: We know the judges at the Olmsted County Government Center. We know which experts can testify about how your body metabolizes specific medications.
- We Protect Careers: We understand the nuances of security clearances and professional licensing.
- We Are Local: We don’t just “visit” Rochester; we are part of this community.
Don’t Let a Valid Prescription Ruin Your Life.
If you were arrested after a traffic stop near Apache Mall or on your way home from a shift at St. Marys, time is already running out.
Don’t face the Olmsted County prosecutors alone.