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Prescription Drug DUI Defense

San Bernardino County Prescription Drug DUI Defense

Protecting California Residents Who Rely on Prescription Medication

You don’t have to be drunk to get a DUI in California. Many people are shocked when they are arrested after taking medication prescribed by a doctor. In California, the law doesn’t distinguish between illegal drugs and legal prescription drugs when it comes to impaired driving charges. This can land responsible drivers facing the exact same charges as people who drink and drive.

A DUI conviction carries major penalties that can follow you for a long time. There are the immediate legal consequences, but there are also the social consequences that many people don’t think of when being charged with a DUI.

Patrick Silva, Attorneys at Law, will fight to protect your rights and ensure your prescription drugs don’t lump you in the same group as drunk drivers. Keep reading to learn about these charges, or call 909-500-4819 to schedule a free consultation with our DUI lawyers.

Can You Really Get a DUI for Prescription Drugs in California?

Unfortunately, yes. California Vehicle Code § 23152(f) prohibits driving under the influence of drugs, including prescription and non-prescription drugs. Driving under the influence means that the drug impairs your ability to drive safely, even when taken as prescribed.

Common medications that can lead to a DUI arrest include:

  • Ambien
  • Xanax
  • Ativan
  • Oxycodone
  • Vicodin
  • Adderall
  • Stimulants
  • Medical marijuana, even with a valid card.

These drugs are enough for you to be charged; you don’t have to have alcohol in your system.

How Do Police Officers Test for Drug Use?

Unlike alcohol-related DUIs, where a breath test provides a clear, verifiable BAC, there is no instant, reliable test for drug impairment.

When police officers suspect drug use, they typically begin with field sobriety tests. This series of tests checks for indications of impairment through a lack of balance, interpretation, concentration, or the inability to follow the officer’s instructions. This is not a fail-safe way to detect medications, as things like physical limitations, fatigue, and anxiety can mimic “failing” behavior.

If drug use is suspected, a police officer may bring in a Drug Recognition Expert (DRE), who is an officer trained to evaluate signs of drug impairment. They may check your pupils, blood pressure, pulse, and ask about your medications. These tests are, unfortunately, susceptible to the personal opinions of these DRE officers.

The only definitive test available is a blood draw, usually done after the arrest. But even this test can be misleading, as it doesn’t determine whether or not you were actually impaired because of the prescription drugs in your system. Some drugs can remain detectable for weeks after use.

Every single one of these methods has the potential for error. That means that even if you are a responsible user of prescription drugs, you can end up with serious consequences. That’s not right, and the DUI attorneys at Patrick Silva, Attorneys at Law, will fight to defend your rights.

What Consequences Do DUI Charges Carry?

A DUI conviction, even involving prescription medications, can have a major impact on your life. In California, DUI penalties are aggressive, regardless of whether you were under the influence of alcohol, illegal drugs, or a doctor’s prescribed medication.

If convicted of a first-offense DUI, you could face:

  • A misdemeanor
  • Fines and penalty assessments totaling over $2,000
  • Three to nine months of DUI school
  • A six-month driver’s license suspension, even longer if you refuse chemical testing
  • Possible installation of an ignition interlock device (IID)

Repeat offenses or aggravating factors like a crash, injuries, or child endangerment can escalate the situation substantially. Second and third offenses carry mandatory jail time, longer driver’s license suspension, and multi-year IID requirements.

While the legal consequences are substantial, they are just the tip of the iceberg when compared to the social impact. A DUI conviction can affect your career, insurance, rates, professional licensing, and even immigration status. Commercial license holders, healthcare professionals, educators, and government employees can lose their jobs and never be able to hold that position again.

Don’t risk your future on an unfair DUI charge; speak with a defense attorney as soon as possible.

What Are Common Legal Defenses Used by DUI Lawyers in Prescription Drug Cases?

The best defense that will have the biggest impact on your case is hiring a DUI defense lawyer. The sooner you hire an experienced attorney, the sooner they can start working on your defense. Don’t wait until a hearing to find out how serious a conviction can be; call 909-500-4819 as soon as you are charged.

Prescription drug DUIs often rely on shaky evidence, subjective observations from officers, and flawed assumptions from law enforcement who have “seen it all.”

Some of the most effective defenses we use in prescription drug DUI cases in San Bernardino County may include:

  • You were not actually impaired: Just having prescription drugs in your system is not enough to prove impaired driving. Many medications stay in your system long after their effects wear off. Using expert witnesses, we will explain this to the court and challenge the state’s narrative.
  • Unreliable DRE: These “professionals” and their evaluations are based on their opinion, not science. We will scrutinize their assessment and expose weak arguments.
  • No probable cause for the stop or arrest: If you were pulled over without a valid legal reason or you were arrested based on vague observations, the court may dismiss charges against you.
  • Flawed blood testing procedures: If there were any flaws in the process of testing your blood, we will investigate them and challenge their reliability.
  • Lawful prescription use: If you were taking the drug exactly as prescribed and not impaired, the charge may not hold up to scrutiny. We present medical records and expert testimony to support your case.

You shouldn’t be punished because you were following your doctor’s orders. The DUI lawyers at Patrick Silva, Attorneys at Law, will do the legwork to investigate your charges and ensure they are legally sound and your Constitutional rights are protected.

Call 909-500-4819 to schedule a free consultation with a DUI defense lawyer.