You Followed the Rules — So Why Is the System Treating You Like a Criminal?

Can Prescription Drugs Be Taken While Driving in Ireland?

You didn’t take drugs.

You took medicine.

From your doctor.

You followed instructions. Drove carefully.

And tried to get on with your life.

"According to the Medical Bureau of Road Safety,

Codeine can be detected in oral fluid

during roadside testing"

Then Gardaí pulled you over.

Swabbed your mouth.

And told you that you might lose your licence.

So here you are, being treated like you did something wrong.

And the reality is: this isn’t really your fault.

It’s the State’s.

The law punishes what it never explained

In Ireland, it’s a criminal offence to drive while impaired by any drug, even one your doctor prescribed.

That includes:

• Solpadeine

• Nurofen Plus

• Codeine-based painkillers

• Strong antihistamines

• Some antidepressants and sleep medications

Section 4(1) of the Road Traffic Act 2010 says this clearly:

“A person shall not drive a mechanically propelled vehicle in a public place while he or she is under the influence of an intoxicant to such an extent as to be incapable of having proper control of the vehicle”.

The Gardaí don’t have to prove intent.

They just need two things:

1. That you drove in a public place

2. Signs your driving was affected

That's it.

And no one warned you.

Where was the public warning?

No signs at the pharmacy.

No posters in the GP’s office.

No national awareness campaign explaining that common medicines can lead to a conviction.

Even Solpadeine, sold over the counter, contains Codeine, an opiate.

And according to the Medical Bureau of Road Safety, Codeine can be detected in oral fluid during roadside testing.

So, the test flags you.

The Garda says you exhibited signs of impairment that made you incapable of having proper control of the vehicle.

And now you're facing a court date, wondering how this is happening.

And the worst part?

If you’re convicted of an offence under section 4(1) of the Road Traffic Act, you get a 4-year disqualification.

Even if no specimen of breath, blood or urine was taken from you.

Seems really unfair doesn't it?

Well, it is.

You weren’t careless. You were left in the dark.

The State assumes you knew the risk.

But how could you?

Most people still think "drug driving" means cannabis or cocaine.

They don't realise that prescription medication, taken legally, even with a GP’s advice, can put them off the road.

That’s the real scandal.

The legal system operates like it gave you fair warning.

It didn’t.

"If Gardaí believe your driving was impaired

and the drug is found in your system,

you can be prosecuted,

even with a valid prescription"

So, what do you do now?

• Read the patient leaflet. If it says “may cause drowsiness” or “do not drive,” believe it.

• Ask your pharmacist. Not if the drug is legal, but if it’s safe to drive.

• Don’t drive if you feel even slightly impaired. The law doesn’t give second chances.

And if you’ve already been stopped?

Know this: you’re not alone.

For more on over-the-counter medicine risks, read this companion blog about Solpadeine and the shock of roadside drug testing (https://www.phoransolicitors.com/post/drug-driving-prescription-medicine-ireland)

FAQs: Prescription Drugs and Drug Driving in Ireland

Q: Can I be prosecuted for driving on prescription medication?

Yes. If Gardaí believe your driving was impaired and the drug is found in your system, you can be prosecuted, even with a valid prescription.

Q: Which medications are most commonly involved?

Solpadeine, Nurofen Plus, co-codamol, sedating antihistamines, and some antidepressants or sleeping tablets.

Q: What does the law actually say?

Section 4(1) of the Road Traffic Act 2010 criminalises driving while impaired due to any drug or substance — prescription or otherwise — if the substance affects your ability to drive safely.

You didn’t break the law. You were caught inside it.

That’s the part nobody tells you.

And sometimes, yes, the case can be challenged.

In fact, I always challenge these cases.

Because when the State punishes people for following medical advice, something’s gone badly wrong.

Next steps?

Get good advice.

Not just good legal advice, but good road traffic advice.

After all, it’s the choice between going off the road… or driving home.

And everybody wants to drive home.