A DUI charge is not limited to drinking and driving. Prescription medicine, marijuana, and situations where no alcohol is in a person’s system can all lead to a DUI charge when impairment is the issue.

Frequently Asked Questions

Can I get a DUI for prescription medicine?


Yes, a person can get a DUI for prescription medicine. Many people believe that because something was prescribed by a doctor for a condition that they have, they are able to drive on that medication without breaking the law.

However, if a person takes too much of the medication, possibly mixes it with alcohol, or some other factors are in play, a person could be charged and actually convicted of a DUI based on taking prescription medicine.


Can you get a DUI charge for smoking marijuana?

If a person is smoking marijuana and they’re driving a car or motor vehicle, then yes, they could be charged with DUI. It’s Driving Under the Influence of alcohol or drugs or alcohol and drugs, so if a person is impaired, the question is impairment. A person can be impaired based on alcohol or drugs. Marijuana could impair someone. And so, if a person is suspected of driving under the influence of marijuana, certainly, they can be charged with DUI.


Can I get a DUI without drinking alcohol?

A person can get a DUI without drinking alcohol. The DUI law is actually Driving Under the Influence of Alcohol or Drugs, or Prescription Drugs, or even Street Drugs.

So, you do have situations sometimes where someone appears, visibly, to be intoxicated. The person cannot stand up or can’t speak clearly; they look drunk. But they take a breath test and it comes back what we call “double zero.” In other words, there’s absolutely no alcohol in their system. Those people are then offered a drug test, usually in the form of a urine test, or they refuse it.

So, you can have a situation where there’s no drug test, no alcohol, but the person is still charged with Driving Under the Influence.


A DUI charge in South Carolina can be serious, and it can arise in situations many people do not expect. Greg McCollum brings 30 years of experience and a background as a former prosecutor to DUI cases. Anyone facing a charge involving prescription medicine, marijuana, or no alcohol at all may benefit from having an attorney review the facts of their situation.

If you have questions about DUI charges, call the Greg McCollum Complete Legal Defense Team at (843) 626-5480. Consultations are confidential.