Can You Be Charged With A DUI In California For Using Prescription Medication?

In this article, you can discover…

• Whether legally prescribed medication can lead to a DUI charge.
• If field society tests are reliable for prescription medication impairment.
• How a DUI attorney can help challenge the evidence against you.

Can I Get A DUI For Using Legally Prescribed Medication?

Yes, you can get a DUI for being under the influence of legally prescribed medications. California prohibits people from driving under the influence of alcohol or drugs, and this includes lawful prescription drugs as well as illegal drugs— the law does not differentiate between the two for the purposes of a DUI.

Essentially, if you can not operate a motor vehicle safely when on your prescription medication, a DUI is possible.

You may argue that you didn’t know the medication would impact you that way. But if there is a warning label on your medication that says, “Do not drive or operate heavy machinery” or “May cause drowsiness”, the courts will typically see this as sufficient notice that you knew you shouldn’t be driving after taking that medication. For this reason, involuntary intoxication or lack of knowledge is generally not a valid defense.

Can Over-The-Counter Medications Also Lead To DUI Charges?

Yes, cough syrup and other over-the-counter medications that impair your ability to operate a motor vehicle safely can lead to DUI charges.

The law prohibits driving under the influence of any drug. Law enforcement and prosecutors see over-the-counter medications in the same category as prescription or illegal drugs for the purposes of a DUI.

Are Field Sobriety Tests Reliable For Prescription Drug Impairment?

While designed for detecting alcohol impairment, field sobriety tests may demonstrate signs of drug impairment, as well. For example, if you are asked to stand up straight and touch your nose, severe prescription drug impairment could cause you to lose your balance and fall over.

Having said that, field sobriety tests are generally not reliable overall, as they fail to take into account your existing physical abilities and coordination, and are easy to fail even when sober. Realistically, officers should use other types of tests if they suspect you may be impaired by drugs, such as checking the size of your pupils or checking your tongue to see if there is a coating on it.

How Is A “Drug DUI” Different From An Alcohol DUI In California?

Both drug DUIs and alcohol DUIs are prosecuted in the same way by the California vehicle code, which has a section specifically for DUIs involving drugs or a combination of drugs and alcohol.

In California, if you are convicted of a DUI, you must complete an “alcohol impairment program”, even if you were driving under the influence of drugs, not alcohol.

How Can An Attorney Challenge The Evidence In A Drug-Related DUI Case?

If you are arrested for a drug-related DUI, it is important to hire an attorney who has experience with drug-related cases, whether that be marijuana, prescription drugs, or illegal drugs.

On your own, you will not be able to put together a defense for a DUI. You will also need an attorney to bring in expert witnesses to explain the drug’s impacts to the court and to generally assist in your defense.

Drug DUIs can be quite a bit more complicated than alcohol DUIs, due to the unique ways that drugs can impact the human body, affect individuals differently, and interact with one another. This is why you won’t just need an attorney, but an attorney who has experience handling drug DUIs to make sure the proper defense is put forward.

Still Have Questions? Ready To Get Started?

For more information on prescription drug DUI in California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (626) 209-4804 today.