

How California Law Defines DUI Charges for Prescription Drugs
What You Need to Know to Protect Your Rights
DUI Charges for Prescription Drugs are becoming more common in California as law enforcement increases scrutiny on drivers under the influence of legal medications. Many people assume that DUI laws apply only to alcohol or illegal drugs, but this is not the case. Even if you have a valid prescription, you can still be charged with DUI if an officer believes your ability to drive was impaired. If you are facing such charges, it is crucial to consult an experienced DUI attorney to help protect your rights and build a strong defense.
In California, DUI Charges for Prescription Drugs fall under the same legal statutes as alcohol and illicit drug DUIs. According to California Vehicle Code 23152(f), it is illegal to operate a vehicle while under the influence of any drug that impairs your ability to drive safely. This includes medications prescribed by a doctor, such as:
- Opioid painkillers (Oxycodone, Hydrocodone, Morphine)
- Anti-anxiety medications (Xanax, Valium, Ativan)
- Sleep aids (Ambien, Lunesta)
- ADHD medications (Adderall, Ritalin)
- Muscle relaxers and antidepressants
Unlike alcohol-related DUIs, there is no set legal limit for prescription drugs. This means law enforcement officers rely on subjective assessments, such as field sobriety tests, officer observations, and blood or urine tests, to determine impairment. If you have been charged with DUI, working with a skilled DUI attorney can help you challenge the validity of the evidence and fight the charges.
How DUI Charges for Prescription Drugs Are Proven in Court
Prosecutors must establish that a driver was impaired at the time of arrest to secure a conviction for DUI Charges for Prescription Drugs. They typically use the following types of evidence:
- Officer Testimony and Observations
- Signs of impairment, such as slurred speech, drowsiness, or confusion
- Performance on field sobriety tests (e.g., balance, coordination, reaction time)
- Erratic driving behavior (e.g., swerving, running red lights)
- Chemical Testing Results
- Blood or urine tests to detect prescription medications
- Expert testimony to interpret the results and their potential effects on driving ability
- Medical and Prescription Records
- Records showing prescribed medications and dosages
- Whether the individual was using the medication as directed or abusing it
Since proving impairment due to prescription drugs is highly subjective, a knowledgeable DUI attorney can challenge the prosecution’s case by questioning the reliability of the tests and officer assessments.
Consequences of DUI Charges for Prescription Drugs
If convicted of DUI Charges for Prescription Drugs, the penalties can be severe and include:
- First-Time Offense:
- Fines of up to $1,000
- License suspension for up to six months
- DUI education programs
- Possible jail time (up to six months)
- Second and Subsequent Offenses:
- Longer license suspensions (up to two years)
- Mandatory ignition interlock device installation
- Increased fines and longer DUI education programs
- Jail sentences ranging from 90 days to one year
The long-term consequences can also include increased insurance rates, difficulty finding employment, and a permanent criminal record. If you have been charged with DUI, consulting a dedicated DUI attorney can help minimize the penalties and explore possible defenses.
Defenses Against DUI Charges for Prescription Drugs
A strong defense can make a significant difference in the outcome of a DUI Charges for Prescription Drugs case. Some common defenses include:
- Lack of Impairment
- Just because a prescription drug is detected in your system does not mean you were impaired while driving. A DUI attorney can challenge the prosecution’s claims by providing evidence of normal driving behavior.
- Faulty Chemical Tests
- Prescription drug tests can be unreliable and often fail to measure actual impairment. Certain medications remain in the system for days or weeks without causing impairment.
- Unlawful Traffic Stop
- If law enforcement lacked reasonable suspicion to stop your vehicle, any evidence obtained after the stop may be inadmissible in court.
- Medical Conditions Mimicking Impairment
- Some medical conditions, such as diabetes, neurological disorders, or fatigue, can mimic signs of impairment, leading to wrongful arrests.
- Improperly Conducted Field Sobriety Tests
- Officers often rely on subjective field sobriety tests, which may not be reliable indicators of impairment due to prescription drugs.
By working with an experienced DUI attorney, you can challenge the prosecution’s case and seek the best possible outcome.
Steps to Take If You Are Charged With DUI for Prescription Drugs
If you have been arrested for DUI Charges for Prescription Drugs, it is essential to take the right steps to protect yourself:
- Remain Silent and Request an Attorney
- Do not discuss your medication use or medical history with law enforcement until you have consulted with a DUI attorney.
- Document Your Prescription Use
- Gather any relevant medical records or prescriptions that show you were taking the medication legally and as prescribed.
- Avoid Driving Until Legal Matters Are Resolved
- A DUI arrest may result in a temporary license suspension. Consult with a DUI attorney to determine your options for reinstatement.
- Hire an Experienced DUI Attorney
- A legal professional can review your case, challenge the evidence, and work to get the charges reduced or dismissed.
Why You Need a DUI Attorney
Defending against DUI Charges for Prescription Drugs requires specialized legal knowledge and experience. A skilled DUI attorney can:
- Evaluate the Evidence Against You – Identifying weaknesses in the prosecution’s case.
- Challenge Drug Test Results – Ensuring that prescription drug levels are not misinterpreted as impairment.
- Negotiate for Reduced Charges or Dismissal – Working with prosecutors to seek alternative resolutions.
- Defend Your Rights in Court – Providing aggressive representation to achieve the best possible outcome.
DUI Charges for Prescription Drugs can have severe legal consequences, even if you were taking medication as prescribed. The absence of clear impairment thresholds makes these cases highly subjective, increasing the risk of wrongful convictions. If you have been charged with DUI, consulting an experienced DUI attorney is crucial to protecting your rights and fighting the charges. Don’t navigate the legal system alone—seek legal representation today to secure the best possible defense.
Schedule an Appointment for a Free Consultation
If you’re facing a DUI charge in Pomona or surrounding area, don’t wait to seek legal representation. With offices in Pomona, Rancho Cucamonga, West Covina, and Riverside, David Canty is ready to fight for you. Contact us today to schedule a free consultation and let us help you navigate the complex legal process, protect your rights, and fight for the best possible outcome in your DUI case.
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HOW CAN WE HELP?
If you or a loved one needs help in one of the following areas, please fill out the form and someone from our office will respond as quickly as possible.