DUI Prescription Drugs: CA Vehicle Code 23152(a)

In California, you can be charged with a DUI if your driving is impaired due to prescription medication. Prescription drugs that can affect your driving should have a warning on the label that states not to operate heavy machinery. Several types of prescription drugs are known to cause drowsiness, dizziness or even mental confusion. Common examples of prescription drugs that can lead to a DUI include:

  • Painkillers such as: Vicodin, OxyContin
  • Mood stabilizers and sleep medications such as: Ambien, Nyquil
  • Anti-anxiety medications such as: Valium, Xanax
  • Antidepressants such as: Lithium, Prozac
  • Blood and Urine Testing

If a police officer has observed you driving erratically, they may ask you to take a blood or urine test to rule out the presence of alcohol or illegal drugs in your system. But if you do test positive for a prescribed drug, you can be charged with a DUI.

However, these tests do not determine whether your driving was affected solely from your medication. An officer only observed your driving for a very short period of time. This may not have even been the reason for your driving to be affected. For example, your driving may have been off due to the fact that you were feeling ill at the time.

If you find yourself in the situation you need representation. At The Law Offices of David S. Chesley we are very effective at:

  • Demanding hard evidence that your driving was actually impaired
  • Determining if you were impaired if it was due solely from your medication
  • Finding out whether there were other causes if you were in fact impaired

We understand how to work with prosecutors and the court to minimize the impact of a drug DUI charge. Our investigators and expert witnesses have repeatedly aided us in winning cases where drug DUI charges were involved. Perhaps your lab tests are inaccurate or police conduct violated your Constitutional rights. Contacting us today is the first step toward getting your case dismissed.