“DUI Prescription Drugs: CA Vehicle Code 23152(a)”
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- Los Angeles County
(213) 341-4427 - Orange County
(714) 442-2601 - San Bern / Riverside
(909) 748-5272 - San Diego County
(619) 752-2235 - Kern / Santa Barbara
(661) 473-0422
- Sacramento / Sonoma
(916) 248-4717 - Alameda / San Joaquin
(510) 403-8809 - Ventura County
(805) 248-7408 - Fresno / Santa Clara
(559) 365-7055 - Northern California
(530) 427-4167
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Not all DUI charges are due to alcohol or controlled substances like Marijuana.
Do you know that you can be convicted of a DUI offense while driving under the influence of prescription medicine? The clause (f) of VC 23152 defines that
“It is unlawful for a person who is under the influence of any drug to drive a vehicle.”
The term any drug in this context means any controlled drug or prescription medicine that can affect a person’s ability to drive a vehicle safely or cause driving impairment. Many of the prescription drugs have physiological and cognitive effects on the person’s muscle control and rational thinking. The prescription drugs can cause drowsiness, lack of muscle control, delayed reaction time, or confusion. The four common drugs that can cause such impairments are,
- 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
There must be a warning label on the drugs that can cause such effects to caution people to not to operate heavy machinery after using them.
What Happens When You Are Pulled Over for DUI Prescription Drug?
The police officer can ask for a stopover due to erratic driving or cause damage to another person or property. The police officer may request you to take field sobriety tests and based on the observations made on these tests, may convict you for DUI.
Further, the office usually takes blood and urine samples to confirm the presence of the drug in your blood or urine. If any trace of impairing drug is found in your body, you are convicted of DUI prescription drug. Unlike, in the case of alcohol, there is no set limit for drug level in the body in case of drugs.
But, do you know that these circumstantial evidences can be wrong?
41The legal represents at the law office of David S. Chesley work relentlessly to prove that the evidence against DUI charges is wrong or insufficient. We have worked on thousands of DUI prescription cases in the state of California in our 50 years of experience. As past prosecutors, judges and police officers, we have a thorough understanding of DUI laws and evidence gathering procedures.
Available Defenses in DUI Prescription Case
The evidence presented for a DUI prescription conviction are observational and based on chemical testing. However, both the observations and results of blood and urine test can be flawed.
The officer observes the driving for a short period. Also, the field sobriety tests often lead to misleading results as it is difficult for even a non-affected person to walk in a straight line. Often, the police officer that pulled you over does not follow the stopover guidelines and procedures which are required by law.
However, only an experienced and knowledgeable lawyer can build a strong defense based on these points by thoroughly studying and investigating your side of the case. At Chesley Law office, we help our clients in getting charges dropped or reducing sentence by,
- Invalidating the evidence provided by the prosecutor.
- Evidence was gathered unconstitutionally.
- Lab tests are flawed. (Improper equipment or different results from another laboratory)
- Establishing that the police officer violated your constitutional right in Stopover.
- Establishing that factors other than the prescription drug caused impaired driving such as you were feeling ill at that time.
What Should You Do When You Are Charged with DUI Prescription?
Instead of wasting your time in frustration, panic or looking for information, you must immediately contact a professional DUI defense lawyer in California with a successful track record of DUI cases. If you or your loved one is in a situation with DUI prescription drug, we can help you get charges dismissed or get minimum sentence (if any).
DUI Alcohol
According to VC 23152 (a), it is illegal for any person to drive under the influence of alcohol.
DUI Marijuana
As experienced defense attorneys, we have various instances of the successful defense of DUI marijuana cases.
DUI Drugs
The drug can be any controlled, illegal or prescription substance that can impair a person’s ability to drive a vehicle safely.
Hit & Run
A hit and run case is when the driver after hitting another car(s) or damaging the property did not stop and left the scene without notifying other drive or property owner and law enforcement.
Drunk in Public
You must consult an experienced defense lawyer for your legal representation in court to avoid conviction or to reduce charges to minimum.
Driving Without a License
The situation and circumstances of your charges play an important role in determining the conviction and penalty.
Areas We Serve
- Los Angeles County
(213) 341-4427 - San Bernadino County
(909) 748-5272 - Sacramento / Sonoma
(916) 248-4717 - San Fernando Valley
(818) 614-9567
- Orange County
(714) 442-2601 - Riverside County
(951) 329-9499 - South L.A. / Long Beach
(562) 786-8383 - OC Coastal Cities
(949) 891-0102
- San Diego County
(619) 752-2235 - Alameda / San Joaquin
(510) 403-8809 - City of L.A. / East L.A.
(310) 882-6466 - Bakersfield / Kern
(661) 473-0422
- Ventura County
(805) 248-7408 - Santa Barbara
(805) 791-2162 - Fresno / Santa Clara
(559) 365-7055 - San Francisco
(510) 403-8809
Recent Results
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Multiple defendants each facing 7 years charged with smuggling prescription drugs into California from Mexico our client was the only defendant who received NO JAIL TIME!
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Client facing 5 years for possession of deadly weapon we negotiated a plea for NO JAIL TIME!
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Client facing 3 life terms for multiple felony counts of Child Molestation and Sodomy with child we proved the charges were fabricated by victims mother DISMISSAL of all charges at preliminary hearing!
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Strike case: Client charged with possession of methamphetamine facing 25 years we filed a Romero Motion which was granted case REDUCED TO MISDEMEANOR!
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Client’s estranged girlfriend alleged Client broke into her room and choked her facing 14 years in State Prison we won at trial JURY ACQUITTAL.
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Police allegedly discovered 3 bags of marijuana in client’s glove box faced 6 years we filed a 1538.5 motion to suppress resulting in DISMISSAL of all charges!
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Client allegedly sold rock cocaine to undercover officer faced 10 years following our argument client received NO JAIL TIME!
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Client facing 15 years for Armed Robbery we proved misidentification Judge DISMISSED the case!
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