When you’re pulled over and suspected of driving under the influence in Pennsylvania, the focus isn’t only on alcohol. Law enforcement can also test for a wide range of drugs—legal and illegal—through blood testing. At Kellis Law Firm, our Pennsylvania DUI lawyers have handled many DUI cases involving drug use and know how critical it is to understand what’s being tested, how it’s tested, and what your rights are.
Here’s what you need to know about what drugs are tested for in Pennsylvania DUI blood tests, and how it could affect your case.
Pennsylvania’s DUI law and drug testing
Under Pennsylvania’s DUI statute—Title 75 § 3802(d)—you can be charged with driving under the influence not only for alcohol but also for controlled substances and prescription medications if they impair your ability to drive or if they’re found in your system under “per se” rules (more on that below).
So, what drugs are tested for?
In a Pennsylvania DUI blood test, the lab typically screens for a wide range of substances, including the following.
Illegal drugs
- Marijuana (THC)
- Cocaine
- Methamphetamine
- Heroin
- MDMA (Ecstasy or Molly)
- PCP
Prescription drugs
Even if legally prescribed, certain medications can lead to DUI charges if they impair your driving:
- Oxycodone
- Hydrocodone (Vicodin)
- Xanax (Alprazolam)
- Valium (Diazepam)
- Adderall or Ritalin (for ADHD)
- Sleep aids like Ambien
Over-the-counter drugs
While less common, OTC medications can also be flagged if they impair your faculties and cause you to drive unsafely. Examples include:
- Diphenhydramine (Benadryl)
- Cough suppressants with dextromethorphan
How blood testing works in DUI cases
If you’re arrested for a suspected drug-related DUI, police may ask you to submit to a blood test. This is covered under Pennsylvania’s Implied Consent Law (Title 75 § 1547), which says that by driving on Pennsylvania roads, you’ve automatically agreed to chemical testing if police have reasonable grounds to suspect you’re impaired.
Refusing a blood test can lead to automatic license suspension, even if you’re never convicted of DUI.
The blood sample is typically sent to a lab for toxicology screening, which may include both an initial panel and confirmatory testing to measure the quantity of substances in your system.
“Per se” drug DUIs vs. impairment-based charges
In Pennsylvania, there are two ways you can be charged with a drug DUI:
- Per se DUI: If you have any measurable amount of a Schedule I controlled substance (like marijuana or heroin), or a Schedule II/III drug without a prescription, you can be charged with DUI even if you weren’t impaired at the time.
- Impairment-based DUI: You can be charged if a drug—legal or not—impairs your ability to drive safely, based on officer observations and toxicology results.
Can I fight a drug DUI in Pennsylvania?
Yes—and Kellis Law Firm is here to help. Drug DUIs are more complicated than alcohol cases. The effects of drugs vary widely, and lab tests don’t always indicate impairment at the time of driving. For example, THC can remain in your system for days or weeks, even when you’re no longer under the influence.
We examine:
- The validity of the traffic stop
- The legality and accuracy of the blood test
- Whether the drug in your system was impairing your ability to drive
- Whether you were lawfully prescribed the drug
Arrested for DUI? We’re ready to help.
At Kellis Law Firm, we have the experience to challenge questionable test results and flawed police procedures. If you’ve been charged with a DUI involving drugs, contact us today for a free consultation. We’ll help you fight for your rights and your future.