Arrested for DUI with Prescription Drugs in Your System in Cumberland County? What § 3802(d)(1)(ii) Really Means

Many people assume DUI charges only apply to alcohol or illegal drugs. But in Pennsylvania, you can be charged with DUI just for having certain prescription medications in your system—if they weren’t legally prescribed to you.

Under 75 Pa.C.S. § 3802(d)(1)(ii), it’s a crime to operate a vehicle if there is any amount of a Schedule II or III controlled substance in your blood and you don’t have a valid prescription.

This is a common and serious charge in Cumberland County, and even a trace amount in your system can lead to jail time, license suspension, and a permanent criminal record.

💊 What Does This Law Prohibit?

Section 3802(d)(1)(ii) makes it illegal to drive with any detectable level of a Schedule II or Schedule III drug in your system unless it was prescribed to you by a licensed physician.

Some of the most common substances that fall under this law include:

• Oxycodone (OxyContin, Percocet)

• Hydrocodone (Vicodin, Norco)

• Codeine

• Adderall or Ritalin

• Suboxone or Buprenorphine

• Anabolic steroids

Even if:

• You felt completely fine to drive
• You took the drug days ago
• You used it occasionally for pain relief
• You borrowed it from a friend or family member

If it wasn’t prescribed to you, you can be charged under this law.

⚖️ What Are the Consequences?

This offense falls into Pennsylvania’s highest DUI penalty category—even without proof of actual impairment.

First Offense

• Mandatory 72 hours in jail

• 12-month license suspension

• $1,000 to $5,000 in fines

• Mandatory drug and alcohol evaluation
• Court-ordered treatment or DUI school

Second Offense (within 10 years)

• 90 days to 5 years in prison

• 18-month license suspension

• Fines up to $10,000

• Required installation of ignition interlock

Third or More

• Felony classification

• 1 to 7 years in state prison

• Long-term license suspension and supervised probation

The state doesn’t have to show you were “under the influence”—just that a non-prescribed Schedule II or III drug was present in your blood.

⚠️ What Makes Cumberland County Even Tougher?

The Cumberland County District Attorney’s Office has moved away from offering ARD (Accelerated Rehabilitative Disposition) in many DUI drug cases—even for first-time offenders.

That means:

• There’s no guaranteed diversion program where the charges get dismissed and your record is expunged.
• You’re more likely to face jail time and a permanent conviction

• You must have a strong legal defense ready from day one

🧠 How The McShane Firm Can Help You Beat This Charge

Our team at The McShane Firm is nationally recognized for defending DUI cases involving prescription drugs and controlled substances. We go beyond typical DUI defense by applying real scientific and legal knowledge that most firms simply don’t offer.

Here’s what sets us apart:

🔬 We understand the science behind the charge

• We’re trained in pharmacokinetics, pharmacodynamics, and toxicology

• We know how long these drugs stay in your system—and how levels fluctuate
• We challenge the blood test procedures, timing, and lab reliability

🧾 We review the legitimacy of the test and the arrest

• Was the stop legal?
• Was the blood draw properly conducted and documented?
• Did law enforcement jump to conclusions based on assumptions?

📈 We defend aggressively—and intelligently

• We don’t just “negotiate a deal.” We build a case to win.
• We treat every client like a priority—not a file.
• We return every call, respond to every email, and keep you informed throughout.

📞 Call The McShane Firm now: (717) 657-3900
 🌐 Visit www.TheMcShaneFirm.com
 📍 Serving DUI clients across Cumberland County and Central Pennsylvania

A DUI for prescription drug use may feel unfair—but it’s not unbeatable. The McShane Firm knows how to challenge these charges and protect what matters most: your freedom, your record, and your future.

Don’t wait. Call now, and let’s get to work.